Strike out all after the enacting clause and insert
the part printed in italic

AN ACT

Making appropriations for energy and water
development and related agencies for the fiscal year ending September 30, 2012,
and for other purposes.

That the following sums are
appropriated, out of any money in the Treasury not otherwise appropriated, for
energy and water development and related agencies for the fiscal year ending
September 30, 2012, and for other purposes, namely:

I

Corps of
engineers—civil

Department of the
army

Corps of
engineers—civil

The following
appropriations shall be expended under the direction of the Secretary of the
Army and the supervision of the Chief of Engineers for authorized civil
functions of the Department of the Army pertaining to rivers and harbors, flood
and storm damage reduction, shore protection, aquatic ecosystem restoration,
and related efforts.

Investigations

For expenses necessary when authorized by
law for the collection and study of basic information pertaining to river and
harbor, flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related needs; for surveys and detailed studies and plans and
specifications of proposed river and harbor, flood and storm damage reduction,
shore protection, and aquatic ecosystem restoration projects and related
efforts prior to construction; for restudy of authorized projects; and for
miscellaneous investigations and, when authorized by law, surveys and detailed
studies and plans and specifications of projects prior to construction,
$104,000,000, to remain available until
expended:
Provided, That except as provided
in section 101, the amounts made available under this paragraph shall be
expended as authorized by law for the programs, projects and activities
specified in the text and table under this heading in the report of the
Committee on Appropriations of the House of Representatives to accompany this
Act.

Construction

(including rescission of
funds)

For expenses necessary
for the construction of river and harbor, flood and storm damage reduction,
shore protection, aquatic ecosystem restoration, and related projects
authorized by law; for conducting detailed studies and plans and specifications
of such projects (including those involving participation by States, local
governments, or private groups) authorized or made eligible for selection by
law (but such detailed studies and plans and specifications shall not
constitute a commitment of the Government to construction),
$1,615,941,000 (reduced by
$1,750,000), to remain available until expended;
of which such sums as are necessary to cover the Federal share of construction
costs for facilities under the Dredged Material Disposal Facilities program
shall be derived from the Harbor Maintenance Trust Fund as authorized by the
Water Resources Development Act of 1996 (Public Law 104–303); and of which
such sums as are necessary to cover one-half of the costs of construction,
replacement, rehabilitation, and expansion of inland waterways projects
(including only Olmsted Lock and Dam, Ohio River, Illinois and Kentucky;
Emsworth Locks and Dam, Ohio River, Pennsylvania; Lock and Dams 2, 3, and 4,
Monongahela River, Pennsylvania; and Lock and Dam 27, Mississippi River,
Illinois) shall be derived from the Inland Waterways Trust Fund:
Provided, That of the unobligated
balances from prior year appropriations available under this heading,
$50,000,000 is rescinded:
Provided further, That
no amounts may be rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to the Concurrent Resolution on the Budget
or the Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Providedfurther,
That except as provided in section 101, the amounts made available under this
paragraph shall be expended as authorized by law for the programs, projects,
and activities specified in the text and table under this heading in the report
of the Committee on Appropriations of the House of Representatives to accompany
this Act.

Mississippi river and
tributaries

For expenses
necessary for flood damage reduction projects and related efforts in the
Mississippi River alluvial valley below Cape Girardeau, Missouri, as authorized
by law, $210,000,000, to remain available until
expended, of which such sums as are necessary to cover the Federal share of
eligible operation and maintenance costs for inland harbors shall be derived
from the Harbor Maintenance Trust Fund:
Provided, That except as provided in section 101, the
amounts made available under this paragraph shall be expended as authorized by
law for the programs, projects, and activities specified in the text and table
under this heading in the report of the Committee on Appropriations of the
House of Representatives to accompany this Act.

Operation and
maintenance

For expenses
necessary for the operation, maintenance, and care of existing river and
harbor, flood and storm damage reduction, aquatic ecosystem restoration, and
related projects authorized by law; providing security for infrastructure owned
or operated by the Corps of Engineers, including administrative buildings and
laboratories; maintaining harbor channels provided by a State, municipality, or
other public agency that serve essential navigation needs of general commerce,
when authorized by law; surveying and charting northern and northwestern lakes
and connecting waters; clearing and straightening channels; and removing
obstructions to navigation, $2,366,465,000
(increased by $1,000,000) (increased by
$6,360,000) (reduced by
$4,900,000), to remain available until expended,
of which such sums as are necessary to cover the Federal share of eligible
operation and maintenance costs for coastal harbors and channels and for inland
harbors shall be derived from the Harbor Maintenance Trust Fund; of which such
sums as become available from the special account for the Corps of Engineers
established by the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l–6a(i)) shall be derived from that account for resource protection,
research, interpretation, and maintenance activities related to resource
protection in the areas at which outdoor recreation is available; and of which
such sums as become available from fees collected under section 217 of the
Water Resources Development Act of 1996 (Public Law 104–303) shall be used to
cover the cost of operation and maintenance of the dredged material disposal
facilities for which such fees have been collected:
Provided, That 1 percent of the
total amount of funds provided for each of the programs, projects or activities
funded under this heading shall not be allocated to a field operating activity
prior to the beginning of the fourth quarter of the fiscal year and shall be
available for use by the Chief of Engineers to fund such emergency activities
as the Chief of Engineers determines to be necessary and appropriate, and that
the Chief of Engineers shall allocate during the fourth quarter any remaining
funds which have not been used for emergency activities proportionally in
accordance with the amounts provided for the programs, projects or
activities:
Providedfurther, That except as provided in
section 101, the amounts made available under this paragraph shall be expended
as authorized by law for the programs, projects, and activities specified in
the text and table under this heading in the report of the Committee on
Appropriations of the House of Representatives to accompany this
Act.

Regulatory program

For expenses necessary for administration of
laws pertaining to regulation of navigable waters and wetlands,
$196,000,000, to remain available until
expended.

Formerly utilized sites remedial
action program

For expenses
necessary to clean up contamination from sites in the United States resulting
from work performed as part of the Nation's early atomic energy program,
$109,000,000, to remain available until
expended.

Flood control and coastal
emergencies

For expenses
necessary to prepare for floods, hurricanes, and other natural disasters and
support emergency operations, repairs, and other activities in response to such
disasters as authorized by law, $27,000,000, to
remain available until expended.

Expenses

For expenses necessary for the supervision
and general administration of the civil works program in the headquarters of
the Corps of Engineers and the offices of the Division Engineers; and for costs
of management and operation of the Humphreys Engineer Center Support Activity,
the Institute for Water Resources, the United States Army Engineer Research and
Development Center, and the United States Army Corps of Engineers Finance
Center allocable to the civil works program,
$185,000,000 (reduced by
$6,360,000), to remain available until expended,
of which not to exceed $5,000 may be used for
official reception and representation purposes and only during the current
fiscal year:
Provided, That no part of any other
appropriation in this title shall be available to fund the civil works
activities of the Office of the Chief of Engineers or the civil works executive
direction and management activities of the division offices:
Provided further, That
any Flood Control and Coastal Emergencies appropriation may be used to fund the
supervision and general administration of emergency operations, repairs, and
other activities in response to any flood, hurricane, or other natural
disaster.

Office of the assistant
secretary of the army for civil works

For the Office of the Assistant Secretary of
the Army for Civil Works as authorized by
section
3016(b)(3) of title 10, United States Code,
$5,000,000, to remain available until
expended.

Administrative
provision

The Revolving Fund,
Corps of Engineers, shall be available during the current fiscal year for
purchase (not to exceed 100 for replacement only) and hire of passenger motor
vehicles for the civil works program.

General provisions, corps of
engineers—civil

(including transfers of
funds)

101.(a)

None of the funds provided in this title
shall be available for obligation or expenditure through a reprogramming of
funds that—

(1)

creates or
initiates a new program, project, or activity;

(2)

eliminates a
program, project, or activity;

(3)

increases funds or personnel for any
program, project, or activity for which funds are denied or restricted by this
Act;

(4)

reduces funds that are directed to be used
for a specific program, project, or activity by this Act;

(5)

increases funds for any program, project,
or activity by more than $2,000,000 or 10
percent, whichever is less; or

(6)

reduces funds for any program, project, or
activity by more than $2,000,000 or 10 percent,
whichever is less.

(b)

Subsection (a)(1) shall not apply to any
project or activity authorized under section 205 of the Flood Control Act of
1948, section 14 of the Flood Control Act of 1946, section 208 of the Flood
Control Act of 1954, section 107 of the River and Harbor Act of 1960, section
103 of the River and Harbor Act of 1962, section 111 of the River and Harbor
Act of 1968, section 1135 of the Water Resources Development Act of 1986,
section 206 of the Water Resources Development Act of 1996, or section 204 of
the Water Resources Development Act of 1992.

(c)

This section shall not apply to additional
flood and coastal storm damage reduction and navigation program funds provided
under Remaining Items in the tables under the headings
Corps of Engineers-Civil—Construction and Corps of
Engineers-Civil—Operation and Maintenance or to additional
investigations funding under National Programs under the heading
Corps of Engineers-Civil—Investigations in the report of the
Committee on Appropriations of the House of Representatives to accompany this
Act.

(d)

The Corps of Engineers shall submit reports
on a quarterly basis to the Committees on Appropriations of the House of
Representatives and the Senate detailing all the funds reprogrammed between
programs, projects, activities, or categories of funding. The first quarterly
report shall be submitted not later than 60 days after the date of enactment of
this Act.

102.

None of the funds
made available in this title may be used to award or modify any contract that
commits funds beyond the amounts appropriated for that program, project, or
activity that remain unobligated, except that such amounts may include any
funds that have been made available through reprogramming pursuant to section
101.

103.

None of the funds
in this Act, or previous Acts, making funds available for Energy and Water
Development, shall be used to award any continuing contract that commits
additional funding from the Inland Waterways Trust Fund unless or until such
time that a long-term mechanism to enhance revenues in this Fund sufficient to
meet the cost-sharing authorized in the Water Resources Development Act of 1986
(Public Law 99–662) is enacted.

104.

Not later than 90 days after the date of
the Chief of Engineers Report on a water resource matter, the Assistant
Secretary of the Army for Civil Works shall submit the report to the
appropriate authorizing and appropriating committees of the Congress.

105.

During the 1-year
period beginning on the date of enactment of this Act, the Secretary of the
Army is authorized to implement measures recommended in the efficacy study
authorized under section 3061 of the Water Resources Development Act of 2007
(121 Stat. 1121) or in interim reports, with such modifications or emergency
measures as the Secretary of the Army determines to be appropriate, to prevent
aquatic nuisance species from dispersing into the Great Lakes by way of any
hydrologic connection between the Great Lakes and the Mississippi River
Basin.

106.

The Secretary is authorized to transfer to
Corps of Engineers-Civil—Construction up to
$100,000,000 of the funds provided for
reinforcing or replacing flood walls under the heading Corps of
Engineers-Civil—Flood Control and Coastal Emergencies in
Public Law 109–234 and
Public Law 110–252 and up to $75,000,000 of
the funds provided for projects and measures for the West Bank and Vicinity and
Lake Ponchartrain and Vicinity projects under the heading Corps of
Engineers-Civil—Flood Control and Coastal Emergencies in
Public Law 110–28, to be used with funds provided for the West Bank and
Vicinity project under the heading Corps of
Engineers-Civil—Construction in
Public Law 110–252 and
Public Law 110–329, consistent with 65 percent Federal and 35 percent
non-Federal cost share and the financing of, and payment terms for, the
non-Federal cash contribution associated with the West Bank and Vicinity
project.

107.

The Secretary of the Army may transfer to
the Fish and Wildlife Service, and the Fish and Wildlife Service may accept and
expend, up to $3,800,000 of funds provided in
this title under the heading Operation and Maintenance to
mitigate for fisheries lost due to Corps of Engineers projects.

108.

None of the funds made available by this
Act or any subsequent Act making appropriations for Energy and Water
Development may be used by the Corps of Engineers to develop, adopt, implement,
administer, or enforce a change or supplement to the rule dated November 13,
1986, or guidance documents dated January 15, 2003, and December 2, 2008,
pertaining to the definition of waters under the jurisdiction of the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.).

109.

None of the funds made available in this
Act may be used by the Corps of Engineers to relocate, or study the relocation
of, any regional division headquarters of the Corps located at a military
installation or any permanent employees of such headquarters.

110.(a)

Section 5 of the Act entitled An Act
authorizing the construction of certain public works on rivers and harbors for
flood control, and for other purposes, approved June 22, 1936,
(33 U.S.C.
701h), is amended by—

(1)

inserting for work, which includes
planning and design, before to be expended;

(2)

striking flood control or
environmental restoration work and inserting water resources
development study or project; and

(3)

inserting :
Provided further,
That the term States means the several States, the District of
Columbia, the commonwealths, territories, and possessions of the United States,
and Federally recognized Indian tribes before the period.

(b)

The Secretary shall notify the appropriate
committees of Congress prior to initiation of negotiations for accepting
contributed funds under 33 U.S.C. 701h.

II

Department of the
interior

Central utah
project

Central utah project completion
account

For carrying out
activities authorized by the Central Utah Project Completion Act,
$27,154,000, to remain available until expended,
of which $2,000,000 shall be deposited into the
Utah Reclamation Mitigation and Conservation Account for use by the Utah
Reclamation Mitigation and Conservation Commission. In addition, for necessary
expenses incurred in carrying out related responsibilities of the Secretary of
the Interior, $1,550,000. For fiscal year 2012,
the Commission may use an amount not to exceed
$1,500,000 for administrative
expenses.

Bureau of
reclamation

The following
appropriations shall be expended to execute authorized functions of the Bureau
of Reclamation:

Water and related
resources

(including transfers of
funds)

For management,
development, and restoration of water and related natural resources and for
related activities, including the operation, maintenance, and rehabilitation of
reclamation and other facilities, participation in fulfilling related Federal
responsibilities to Native Americans, and related grants to, and cooperative
and other agreements with, State and local governments, federally recognized
Indian tribes, and others, $822,300,000, to
remain available until expended, of which
$10,698,000 shall be available for transfer to
the Upper Colorado River Basin Fund and
$6,136,000 shall be available for transfer to
the Lower Colorado River Basin Development Fund; of which such amounts as may
be necessary may be advanced to the Colorado River Dam Fund; of which not more
than $500,000 is for high priority projects
which shall be carried out by the Youth Conservation Corps, as authorized by 16
U.S.C. 1706:
Provided, That such transfers may
be increased or decreased within the overall appropriation under this heading:
Provided further, That
of the total appropriated, the amount for program activities that can be
financed by the Reclamation Fund or the Bureau of Reclamation special fee
account established by 16 U.S.C. 460l–6a(i) shall be derived from that Fund or
account:
Provided further, That
funds contributed under 43 U.S.C. 395 are available until expended for the
purposes for which contributed:
Provided further, That
funds advanced under 43 U.S.C. 397a shall be credited to this account and are
available until expended for the same purposes as the sums appropriated under
this heading:
Providedfurther, That except as provided in
section 201, the amounts made available under this paragraph shall be expended
as authorized by law for the programs, projects, and activities specified in
the text and table under this heading in the report of the Committee on
Appropriations of the House of Representatives to accompany this
Act.

Central valley project
restoration fund

For carrying
out the programs, projects, plans, habitat restoration, improvement, and
acquisition provisions of the Central Valley Project Improvement Act,
$53,068,000, to be derived from such sums as may
be collected in the Central Valley Project Restoration Fund pursuant to
sections 3407(d), 3404(c)(3), and 3405(f) of
Public Law 102–575, to remain available until expended:
Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount of the additional
mitigation and restoration payments authorized by section 3407(d) of
Public Law 102–575:
Provided further, That
none of the funds made available under this heading may be used for the
acquisition or leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or
order.

California bay-delta
restoration

(including transfers of
funds)

For carrying out
activities authorized by the Water Supply, Reliability, and Environmental
Improvement Act, consistent with plans to be approved by the Secretary of the
Interior, $35,928,000, to remain available until
expended, of which such amounts as may be necessary to carry out such
activities may be transferred to appropriate accounts of other participating
Federal agencies to carry out authorized purposes:
Provided, That funds appropriated
herein may be used for the Federal share of the costs of CALFED Program
management:
Provided further, That
the use of any funds provided to the California Bay-Delta Authority for
program-wide management and oversight activities shall be subject to the
approval of the Secretary of the Interior:
Provided further, That
CALFED implementation shall be carried out in a balanced manner with clear
performance measures demonstrating concurrent progress in achieving the goals
and objectives of the Program.

Policy and
administration

For necessary
expenses of policy, administration, and related functions in the Office of the
Commissioner, the Denver office, and offices in the five regions of the Bureau
of Reclamation, to remain available until expended,
$60,000,000, to be derived from the Reclamation
Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other
appropriation in this Act shall be available for activities or functions
budgeted as policy and administration expenses.

Administrative
provision

Appropriations for
the Bureau of Reclamation shall be available for purchase of not to exceed five
passenger motor vehicles, which are for replacement
only.

General provisions, department
of the interior

(including rescission of
funds)

201.(a)

None of the funds
provided in this title shall be available for obligation or expenditure through
a reprogramming of funds that—

(1)

creates or
initiates a new program, project, or activity;

(2)

eliminates a
program, project, or activity;

(3)

increases funds
for any program, project, or activity for which funds have been denied or
restricted by this Act;

(4)

reduces funds that
are directed to be used for a specific program, project, or activity by this
Act;

(5)

transfers funds in
excess of the following limits—

(A)

15 percent for any
program, project, or activity for which
$2,000,000 or more is available at the beginning
of the fiscal year; or

(B)

$300,000
for any program, project, or activity for which less than
$2,000,000 is available at the beginning of the
fiscal year;

(6)

transfers more
than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the Resources Management
and Development category to any program, project, or activity in the other
category; or

(7)

transfers, when
necessary to discharge legal obligations of the Bureau of Reclamation, more
than $5,000,000 to provide adequate funds for
settled contractor claims, increased contractor earnings due to accelerated
rates of operations, and real estate deficiency judgments.

(b)

Subsection (a)(5) shall not apply to any
transfer of funds within the Facilities Operation, Maintenance, and
Rehabilitation category.

(c)

For purposes of this section, the term
‘‘transfer’’ means any movement of funds into or out of a program, project, or
activity.

(d)

The Bureau of Reclamation shall submit
reports on a quarterly basis to the Committees on Appropriations of the House
of Representatives and the Senate detailing all the funds reprogrammed between
programs, projects, activities, or categories of funding. The first quarterly
report shall be submitted not later than 60 days after the date of enactment of
this Act.

202.(a)

None of the funds appropriated or otherwise
made available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until development by
the Secretary of the Interior and the State of California of a plan, which
shall conform to the water quality standards of the State of California as
approved by the Administrator of the Environmental Protection Agency, to
minimize any detrimental effect of the San Luis drainage waters.

(b)

The costs of the
Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley
Drainage Program shall be classified by the Secretary of the Interior as
reimbursable or nonreimbursable and collected until fully repaid pursuant to
the Cleanup Program-Alternative Repayment Plan and the
SJVDP-Alternative Repayment Plan described in the report
entitled Repayment Report, Kesterson Reservoir Cleanup Program and San
Joaquin Valley Drainage Program, February 1995, prepared by the
Department of the Interior, Bureau of Reclamation. Any future obligations of
funds by the United States relating to, or providing for, drainage service or
drainage studies for the San Luis Unit shall be fully reimbursable by San Luis
Unit beneficiaries of such service or studies pursuant to Federal reclamation
law.

203.

Of the funds deposited in the San Joaquin
River Restoration Fund in accordance with subparagraphs (A), (B), and (C) of
section 10009(c)(1) of
Public Law 111–11, all unobligated balances remaining from prior fiscal
years are hereby permanently rescinded.

III

Department of
energy

Energy
programs

Energy efficiency and renewable
energy

For Department of
Energy expenses including the purchase, construction, and acquisition of plant
and capital equipment, and other expenses necessary for energy efficiency and
renewable energy activities in carrying out the purposes of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility or for
plant or facility acquisition, construction, or expansion,
$1,304,636,000 (reduced by
$6,000,000) (reduced by
$200,000), to remain available until expended:
Provided, That for the purposes of
allocating weatherization assistance funds appropriated by this Act to States
and tribes, the Secretary of Energy may waive the allocation formula
established pursuant to section 414(a) of the Energy Conservation and
Production Act (42
U.S.C. 6864(a)).

Electricity delivery and energy
reliability

For Department of
Energy expenses including the purchase, construction, and acquisition of plant
and capital equipment, and other expenses necessary for electricity delivery
and energy reliability activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility or for
plant or facility acquisition, construction, or expansion,
$139,496,000, to remain available until
expended.

Nuclear energy

For Department of Energy expenses including
the purchase, construction, and acquisition of plant and capital equipment, and
other expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility or for
plant or facility acquisition, construction, or expansion, and the purchase of
not more than 10 buses, all for replacement only,
$733,633,000, to remain available until
expended.

Fossil energy research and
development

For necessary
expenses in carrying out fossil energy research and development activities,
under the authority of the Department of Energy Organization Act
(Public Law 95–91), including the acquisition of interest, including
defeasible and equitable interests in any real property or any facility or for
plant or facility acquisition or expansion, and for conducting inquiries,
technological investigations and research concerning the extraction,
processing, use, and disposal of mineral substances without objectionable
social and environmental costs (30 U.S.C. 3, 1602, and 1603),
$476,993,000 (reduced by
$2,200,000) (increased by
$2,200,000), to remain available until expended:
Provided, That for all programs
funded under Fossil Energy appropriations in this Act or any other Act, the
Secretary may vest fee title or other property interests acquired under
projects in any entity, including the United
States.

Naval petroleum and oil shale
reserves

For expenses
necessary to carry out naval petroleum and oil shale reserve activities,
$14,909,000, to remain available until expended:
Provided, That, notwithstanding any
other provision of law, unobligated funds remaining from prior years shall be
available for all naval petroleum and oil shale reserve
activities.

Strategic petroleum
reserve

For necessary expenses
for Strategic Petroleum Reserve facility development and operations and program
management activities pursuant to the Energy Policy and Conservation Act of
1975, as amended (42
U.S.C. 6201 et seq.),
$192,704,000, to remain available until
expended.

SPR petroleum
account

Notwithstanding
sections 161 and 167 of the Energy Policy and Conservation Act (42 U.S.C. 6241
and 6247), the Secretary of Energy shall sell
$500,000,000 in petroleum products from the
Reserve not later than March 1, 2012, and shall deposit any proceeds from such
sales in the General Fund of the Treasury:
Provided, That during fiscal year
2012 and hereafter, the quantity of petroleum products sold from the Reserve
under the authority of this Act may only be replaced using the authority
provided in paragraph (a)(1) or (3) of section 160 of the Energy Policy and
Conservation Act (42
U.S.C. 6240(a)(1) or (3)):
Provided further, That
unobligated balances in this account shall be available to cover the costs of
any sale under this Act.

Northeast home heating oil
reserve

(including rescission of
funds)

For necessary expenses
for Northeast Home Heating Oil Reserve storage, operation, and management
activities pursuant to the Energy Policy and Conservation Act,
$10,119,000, to remain available until expended:
Provided, That amounts net of the
purchase of 1 million barrels of petroleum distillates in fiscal year 2011;
costs related to transportation, delivery, and storage; and sales of petroleum
distillate from the Reserve under section 182 of the Energy Policy and
Conservation Act (42 U.S.C. 6250a) are hereby
permanently rescinded:
Provided further, That
notwithstanding section 181 of the Energy Policy and Conservation Act
(42 U.S.C.
6250), for fiscal year 2012 and hereafter, the Reserve shall
contain no more than 1 million barrels of petroleum
distillate.

Energy information
administration

For necessary
expenses in carrying out the activities of the Energy Information
Administration, $105,000,000, to remain
available until expended.

Non-defense environmental
cleanup

For Department of
Energy expenses, including the purchase, construction, and acquisition of plant
and capital equipment and other expenses necessary for non-defense
environmental cleanup activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility or for
plant or facility acquisition, construction, or expansion,
$213,121,000 (increased by
$41,000,000), to remain available until
expended.

Uranium enrichment
decontamination and decommissioning fund

For necessary expenses in carrying out
uranium enrichment facility decontamination and decommissioning, remedial
actions, and other activities of title II of the Atomic Energy Act of 1954, and
title X, subtitle A, of the Energy Policy Act of 1992,
$449,000,000, to be derived from the Uranium
Enrichment Decontamination and Decommissioning Fund, and not more than
$150,000,000, to be derived from the barter,
transfer, or sale of uranium authorized under section 3112 of the USEC
Privatization Act (42 U.S.C. 2297h–10) or section
314 of the Energy and Water Development Appropriations Act, 2006
(Public Law 109–103), to remain available until expended:
Provided, That proceeds from such
barter, transfer, or sale of uranium in excess of such amount shall not be
available until appropriated.

Science

For Department of Energy expenses including
the purchase, construction, and acquisition of plant and capital equipment, and
other expenses necessary for science activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or facility or for plant
or facility acquisition, construction, or expansion, and purchase of not more
than 49 passenger motor vehicles for replacement only, including one ambulance
and one bus, $4,800,000,000, to remain available
until expended.

Nuclear waste
disposal

For nuclear waste
disposal activities to carry out the purposes of the Nuclear Waste Policy Act
of 1982 (Public Law 97–425), $25,000,000, to
remain available until expended, and to be derived from the Nuclear Waste
Fund.

Advanced research projects
agency—Energy

For necessary
expenses in carrying out the activities authorized by section 5012 of the
America COMPETES Act (42 U.S.C. 16538),
$100,000,000 (increased by
$79,640,000), to remain available until
expended.

Title 17 innovative technology
loan guarantee program

Subject
to section 502 of the Congressional Budget Act of 1974, for the cost of loan
guarantees for renewable energy or efficient end-use energy technologies under
section 1703 of the Energy Policy Act of 2005,
$160,000,000, to remain available until
expended:
Provided, That the amounts provided
in this section are in addition to those provided in any other Act:
Provided further,
That, notwithstanding section 1703(a)(2) of the Energy Policy Act of 2005,
funds appropriated for the cost of loan guarantees are also available for
projects for which an application has been submitted to the Department of
Energy prior to February 24, 2011, in whole or in part, for a loan guarantee
under 1705 of the Energy Policy Act of 2005:
Provided further, That an additional amount for necessary
administrative expenses to carry out this Loan Guarantee program,
$38,000,000 is appropriated, to remain available
until expended:
Provided further, That
$38,000,000 of the fees collected pursuant to
section 1702(h) of the Energy Policy Act of 2005 shall be credited as
offsetting collections to this account to cover administrative expenses and
shall remain available until expended, so as to result in a final fiscal year
2012 appropriations from the general fund estimated at not more than
$0:
Provided further, That
fees collected under section 1702(h) in excess of the amount appropriated for
administrative expenses shall not be available until appropriated:
Provided further, That
for amounts collected pursuant to section 1702(b)(2) of the Energy Policy Act
of 2005, the source of such payment received from borrowers is not a loan or
other debt obligation that is guaranteed by the Federal Government:
Provided further, That
none of the loan guarantee authority made available in this paragraph shall be
available for commitments to guarantee loans for any projects where funds,
personnel, or property (tangible or intangible) of any Federal agency,
instrumentality, personnel or affiliated entity are expected to be used
(directly or indirectly) through acquisitions, contracts, demonstrations,
exchanges, grants, incentives, leases, procurements, sales, other transaction
authority, or other arrangements, to support the project or to obtain goods or
services from the project:
Provided further, That
the previous proviso shall not be interpreted as precluding the use of the loan
guarantee authority in this paragraph for commitments to guarantee loans for
projects as a result of such projects benefitting from: (1) otherwise allowable
Federal income tax benefits; (2) being located on Federal land pursuant to a
lease or right-of-way agreement for which all consideration for all uses is:
(A) paid exclusively in cash; (B) deposited in the Treasury as offsetting
receipts; and (C) equal to the fair market value as determined by the head of
the relevant Federal agency; (3) Federal insurance programs, including under
section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210; commonly known as
the Price-Anderson Act); or (4) for electric generation
projects, use of transmission facilities owned or operated by a Federal Power
Marketing Administration or the Tennessee Valley Authority that have been
authorized, approved, and financed independent of the project receiving the
guarantee:
Provided further, That
none of the loan guarantee authority made available in this paragraph shall be
available for any project unless the Director of the Office of Management and
Budget has certified in advance in writing that the loan guarantee and the
project comply with the provisions under this
paragraph.

Advanced technology vehicles
manufacturing loan program

For
administrative expenses in carrying out the Advanced Technology Vehicles
Manufacturing Loan Program, $6,000,000, to
remain available until expended.

Departmental
administration

For salaries
and expenses of the Department of Energy necessary for departmental
administration in carrying out the purposes of the Department of Energy
Organization Act (42
U.S.C. 7101 et seq.), including the hire of passenger motor
vehicles and official reception and representation expenses not to exceed
$30,000,$221,514,000
(reduced by $2,500,000) (reduced by
$35,000,000) (reduced by
$21,000,000) (reduced by
$79,640,000) (reduced by
$10,000,000), to remain available until
expended, plus such additional amounts as necessary to cover increases in the
estimated amount of cost of work for others notwithstanding the provisions of
the Anti-Deficiency Act (31 U.S.C. 1511 et seq.):
Provided, That such increases in
cost of work are offset by revenue increases of the same or greater amount, to
remain available until expended:
Provided further, That
moneys received by the Department for miscellaneous revenues estimated to total
$111,883,000 in fiscal year 2012 may be retained
and used for operating expenses within this account, and may remain available
until expended, as authorized by section 201 of
Public Law 95–238, notwithstanding the provisions of 31 U.S.C. 3302:
Provided further, That
the sum herein appropriated shall be reduced by the amount of miscellaneous
revenues received during 2012, and any related appropriated receipt account
balances remaining from prior years' miscellaneous revenues, so as to result in
a final fiscal year 2012 appropriation from the general fund estimated at not
more than
$109,631,000.

Office of the inspector
general

For necessary expenses
of the Office of the Inspector General in carrying out the provisions of the
Inspector General Act of 1978, as amended,
$41,774,000, to remain available until
expended.

Atomic energy defense
activities

National nuclear security
administration

Weapons
activities

(including rescission of
funds)

For Department of
Energy expenses, including the purchase, construction, and acquisition of plant
and capital equipment and other incidental expenses necessary for atomic energy
defense weapons activities in carrying out the purposes of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility or for
plant or facility acquisition, construction, or expansion, the purchase of not
to exceed one ambulance and one aircraft;
$7,131,993,000, to remain available until
expended:
Provided, That of such amount not
more than $139,281,000 may be made available for
the B–61 Life Extension Program until the Administrator for Nuclear Security
submits to the Committees on Appropriations of the House of Representatives and
the Senate the outcome of its Phase 6.2a design definition and cost study:
Provided further, That
of the unobligated balances available under this heading,
$40,332,000 are hereby rescinded:
Provided further, That
no amounts may be rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to the Concurrent Resolution on the Budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.

Defense nuclear
nonproliferation

(including rescission of
funds)

For Department of
Energy expenses, including the purchase, construction, and acquisition of plant
and capital equipment and other incidental expenses necessary for defense
nuclear nonproliferation activities, in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility or for
plant or facility acquisition, construction, or expansion, and the purchase of
not to exceed one passenger motor vehicle for replacement only,
$2,086,770,000 (increased by
$35,000,000), to remain available until
expended:
Provided, That of the unobligated
balances available under this heading,
$30,000,000 are hereby rescinded;
Provided further, That
no amounts may be rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to the Concurrent Resolution on the Budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.

Naval reactors

For Department of Energy expenses necessary
for naval reactors activities to carry out the Department of Energy
Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and capital
equipment, facilities, and facility expansion,
$1,030,600,000, to remain available until
expended.

Office of the
administrator

For necessary expenses of the Office of the
Administrator in the National Nuclear Security Administration, including
official reception and representation expenses not to exceed
$12,000,$420,000,000
(reduced by $20,000,000), to remain available
until expended.

Environmental and other defense
activities

Defense environmental
cleanup

For Department of
Energy expenses, including the purchase, construction, and acquisition of plant
and capital equipment and other expenses necessary for atomic energy defense
environmental cleanup activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility or for
plant or facility acquisition, construction, or expansion, and the purchase of
not to exceed one ambulance and one fire truck for replacement only,
$4,937,619,000, to remain available until
expended.

Other defense
activities

For Department of
Energy expenses, including the purchase, construction, and acquisition of plant
and capital equipment and other expenses, necessary for atomic energy defense,
other defense activities, and classified activities, in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility or for
plant or facility acquisition, construction, or expansion, and the purchase of
not to exceed 10 passenger motor vehicles for replacement only,
$814,000,000, to remain available until
expended.

Power marketing
administrations

Bonneville power administration
fund

Expenditures from the
Bonneville Power Administration Fund, established pursuant to
Public Law 93–454, are approved for the Kootenai River Native Fish
Conservation Aquaculture Program, Lolo Creek Permanent Weir Facility, and
Improving Anadromous Fish production on the Warm Springs Reservation, and, in
addition, for official reception and representation expenses in an amount not
to exceed $3,000. During fiscal year 2012, no
new direct loan obligations may be made from such
Fund.

Operation and maintenance,
southeastern power administration

For necessary expenses of operation and
maintenance of power transmission facilities and of marketing electric power
and energy, including transmission wheeling and ancillary services pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the
southeastern power area, $8,428,000, to remain
available until expended:
Provided, That notwithstanding 31
U.S.C. 3302 and section 5 of the Flood Control Act of 1944, up to
$8,428,000 collected by the Southeastern Power
Administration from the sale of power and related services shall be credited to
this account as discretionary offsetting collections, to remain available until
expended for the sole purpose of funding the annual expenses of the
Southeastern Power Administration:
Provided further, That
the sum herein appropriated for annual expenses shall be reduced as collections
are received during the fiscal year so as to result in a final fiscal year 2012
appropriation estimated at not more than $0:
Provided further, That
notwithstanding 31
U.S.C. 3302, up to $100,162,000
collected by the Southeastern Power Administration pursuant to the Flood
Control Act of 1944 to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures:
Provided further, That
for purposes of this appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).

Operation and maintenance,
southwestern power administration

For necessary expenses of operation and
maintenance of power transmission facilities and of marketing electric power
and energy, for construction and acquisition of transmission lines, substations
and appurtenant facilities, and for administrative expenses, including official
reception and representation expenses in an amount not to exceed
$1,500 in carrying out section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the
Southwestern Power Administration, $45,010,000,
to remain available until expended:
Provided, That notwithstanding 31
U.S.C. 3302 and section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), up
to $33,118,000 collected by the Southwestern
Power Administration from the sale of power and related services shall be
credited to this account as discretionary offsetting collections, to remain
available until expended, for the sole purpose of funding the annual expenses
of the Southwestern Power Administration:
Provided further, That
the sum herein appropriated for annual expenses shall be reduced as collections
are received during the fiscal year so as to result in a final fiscal year 2012
appropriation estimated at not more than
$11,892,000:
Provided further,
That, notwithstanding
31 U.S.C.
3302, up to $40,000,000
collected by the Southwestern Power Administration pursuant to the Flood
Control Act of 1944 to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures:
Provided further, That
for purposes of this appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).

Construction, rehabilitation,
operation and maintenance, western area power administration

For carrying out the functions authorized by
title III, section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152),
and other related activities including conservation and renewable resources
programs as authorized, including official reception and representation
expenses in an amount not to exceed $1,500;
$285,900,000, to remain available until
expended, of which $278,856,000 shall be derived
from the Department of the Interior Reclamation Fund:
Provided, That notwithstanding
31 U.S.C.
3302, section 5 of the Flood Control Act of 1944
(16 U.S.C.
825s), and section 1 of the Interior Department Appropriation
Act, 1939 (43 U.S.C.
392a), up to $189,932,000
collected by the Western Area Power Administration from the sale of power and
related services shall be credited to this account as discretionary offsetting
collections, to remain available until expended, for the sole purpose of
funding the annual expenses of the Western Area Power Administration:
Provided further, That
the sum herein appropriated for annual expenses shall be reduced as collections
are received during the fiscal year so as to result in a final fiscal year 2012
appropriation estimated at not more than
$95,968,000, of which
$88,924,000 is derived from the Reclamation
Fund:
Provided further, That
of the amount herein appropriated, not more than
$3,375,000 is for deposit into the Utah
Reclamation Mitigation and Conservation Account pursuant to title IV of the
Reclamation Projects Authorization and Adjustment Act of 1992:
Provided further, That
notwithstanding 31
U.S.C. 3302, up to $306,541,000
collected by the Western Area Power Administration pursuant to the Flood
Control Act of 1944 and the Reclamation Project Act of 1939 to recover purchase
power and wheeling expenses shall be credited to this account as offsetting
collections, to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures:
Provided further, That
for purposes of this appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).

Falcon and amistad operating and
maintenance fund

For
operation, maintenance, and emergency costs for the hydroelectric facilities at
the Falcon and Amistad Dams, $4,169,000, to
remain available until expended, and to be derived from the Falcon and Amistad
Operating and Maintenance Fund of the Western Area Power Administration, as
provided in section 2 of the Act of June 18, 1954 (68 Stat. 255) as amended:
Provided, That notwithstanding the
provisions of that Act and of
31 U.S.C.
3302, up to $3,949,000 collected
by the Western Area Power Administration from the sale of power and related
services from the Falcon and Amistad Dams shall be credited to this account as
discretionary offsetting collections, to remain available until expended for
the sole purpose of funding the annual expenses of the hydroelectric facilities
of these Dams and associated Western Area Power Administration activities:
Provided further, That
the sum herein appropriated for annual expenses shall be reduced as collections
are received during the fiscal year so as to result in a final fiscal year 2012
appropriation estimated at not more than
$220,000:
Provided further, That
for purposes of this appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are
incurred.

Federal energy regulatory
commission

Salaries and
expenses

For necessary
expenses of the Federal Energy Regulatory Commission to carry out the
provisions of the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including services as authorized by
5 U.S.C.
3109, the hire of passenger motor vehicles, and official
reception and representation expenses not to exceed
$3,000,$304,600,000,
to remain available until expended:
Provided, That notwithstanding any
other provision of law, not to exceed
$304,600,000 of revenues from fees and annual
charges, and other services and collections in fiscal year 2012 shall be
retained and used for necessary expenses in this account, and shall remain
available until expended:
Provided further, That
the sum herein appropriated from the general fund shall be reduced as revenues
are received during fiscal year 2012 so as to result in a final fiscal year
2012 appropriation from the general fund estimated at not more than
$0.

General provisions, department
of energy

(including transfers of
funds)

301.(a)

No appropriation, funds, or authority made
available in this title for the Department of Energy shall be used to initiate
or resume any program, project, or activity or to prepare or initiate Requests
For Proposals or similar arrangements (including Requests for Quotations,
Requests for Information, and Funding Opportunity Announcements) for a program,
project, or activity if the program, project, or activity has not been funded
by Congress.

(b)(1)

Except as provided in paragraph (2), the
Department of Energy may not, with respect to any program, project, or activity
that uses budget authority made available in this title under the heading
Department of Energy—Energy Programs, enter into a contract,
award a grant, or enter into a cooperative agreement that obligates the
Government in excess of the budget authority available under such heading for
such purpose, or that is properly chargeable to budget authority of a future
fiscal year before such budget authority is available, regardless of whether
the contract, grant, or cooperative agreement includes a clause conditioning
the Government's obligation on the availability of such budget
authority.

(2)

Paragraph (1) shall not apply with respect
to major capital projects.

(c)

Except as provided in this section, the
amounts made available by this Act for the Department of Energy shall be
expended as authorized by law for the projects and activities specified in the
text and the Bill column in the Comparative Statement of
New Budget (Obligational) Authority for 2011 and Budget Requests and Amounts
Recommended in the Bill for 2012 included under the heading
Title III—Department of Energy in the report of the Committee on
Appropriations of the House of Representatives to accompany this Act.

(d)

None of the funds provided in this title
shall be available for obligation or expenditure through a reprogramming of
funds that—

(1)

creates or initiates a new program,
project, or activity;

(2)

eliminates a program, project, or
activity;

(3)

increases funds or personnel for any
program, project, or activity for which funds are denied or restricted by this
Act;

(4)

reduces funds that are directed to be used
for a specific program, project, or activity by this Act;

(5)

increases funds for any program, project,
or activity by more than $2,000,000 or 10
percent, whichever is less; or

(6)

reduces funds for any program, project, or
activity by more than $2,000,000 or 10 percent,
whichever is less.

(e)

The Secretary of Energy and the
Administrator for Nuclear Security may jointly waive the restrictions under
subsection (a) and subsection (d) on a case-by-case basis by certifying to the
Committees on Appropriations of the House of Representatives and the Senate
that it is in the national security interest to do so.

302.

None of the funds made available in this
title may be used—

(1)

to augment the funds made available for
obligation by this Act for severance payments and other benefits and community
assistance grants under section 4604 of the Atomic Energy Defense Act
(50 U.S.C.
2704) unless the Department of Energy submits a reprogramming
request to the appropriate congressional committees;

(2)

to provide enhanced severance payments or
other benefits for employees of the Department of Energy under section 4604;
or

(3)

develop or implement a workforce
restructuring plan that covers employees of the Department of Energy.

303.

The unexpended balances of prior
appropriations provided for activities in this Act may be available to the same
appropriation accounts for such activities established pursuant to this title.
Available balances may be merged with funds in the applicable established
accounts and thereafter may be accounted for as one fund for the same time
period as originally enacted.

304.

None of the funds
in this or any other Act for the Administrator of the Bonneville Power
Administration may be used to enter into any agreement to perform energy
efficiency services outside the legally defined Bonneville service territory,
with the exception of services provided internationally, including services
provided on a reimbursable basis, unless the Administrator certifies in advance
that such services are not available from private sector businesses.

305.

When the
Department of Energy makes a user facility available to universities or other
potential users, or seeks input from universities or other potential users
regarding significant characteristics or equipment in a user facility or a
proposed user facility, the Department shall ensure broad public notice of such
availability or such need for input to universities and other potential users.
When the Department of Energy considers the participation of a university or
other potential user as a formal partner in the establishment or operation of a
user facility, the Department shall employ full and open competition in
selecting such a partner. For purposes of this section, the term user
facility includes, but is not limited to: (1) a user facility as
described in section 2203(a)(2) of the Energy Policy Act of 1992
(42 U.S.C.
13503(a)(2)); (2) a National Nuclear Security Administration
Defense Programs Technology Deployment Center/User Facility; and (3) any other
Departmental facility designated by the Department as a user facility.

306.

Funds
appropriated by this or any other Act, or made available by the transfer of
funds in this Act, for intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the National Security
Act of 1947 (50
U.S.C. 414) during fiscal year 2012 until the enactment of the
Intelligence Authorization Act for Fiscal Year 2012.

307.(a)

In any fiscal year in which the Secretary
of Energy determines that additional funds are needed to reimburse the costs of
defined benefit pension plans for contractor employees, the Secretary may
transfer not more than 1 percent of an appropriation made available in this or
any subsequent Energy and Water Development Appropriations Act to any other
appropriation made available to the Secretary by such Act for such
reimbursement.

(b)

Where the Secretary recovers the costs of
defined benefit pension plans for contractor employees through charges for the
indirect costs of research and activities at facilities of the Department of
Energy, if the indirect costs attributable to defined benefit pension plan
costs in a fiscal year are more than charges in fiscal year 2008, the Secretary
shall carry out a transfer of funds under this section.

(c)

In carrying out a transfer under this
section, the Secretary shall use each appropriation made available to the
Department in that fiscal year as a source for the transfer, and shall reduce
each appropriation by an equal percentage, except that appropriations for which
the Secretary determines there exists a need for additional funds for pension
plan costs in that fiscal year, as well as appropriations made available for
the Power Marketing Administrations, the loan guarantee program under title
XVII of the Energy Policy Act of 2005, and the Federal Energy Regulatory
Commission, shall not be subject to this requirement.

(d)

Each January, the Secretary shall report to
the Committees on Appropriations of the House of Representatives and the Senate
on the state of defined benefit pension plan liabilities in the Department for
the preceding year.

(e)

This transfer authority does not apply to
supplemental appropriations, and is in addition to any other transfer authority
provided in this or any other Act. The authority provided under this section
shall expire on September 30, 2015.

(f)

The Secretary shall notify the Committees
on Appropriations of the House of Representatives and the Senate in writing not
less than 30 days in advance of each transfer authorized by this
section.

308.

None of the funds made available in this
title shall be used for the construction of facilities classified as
high-hazard nuclear facilities under 10 CFR Part 830 unless independent
oversight is conducted by the Office of Health, Safety, and Security to ensure
the project is in compliance with nuclear safety requirements.

309.

Plant or construction projects for which
amounts are made available under this and subsequent appropriation Acts with an
estimated cost of less than $10,000,000 are
considered for purposes of section 4703 of the Atomic Energy Defense Act
(50 U.S.C.
2743) as a plant project for which the approved total estimated
cost does not exceed the minor construction threshold and for purposes of
section 4704(d) of such Act (50 U.S.C. 2744(d)) as a
construction project with an estimated cost of less than a minor construction
threshold.

310.

None of the funds made available in this
title may be used to approve critical decision-2 or critical decision-3 under
Department of Energy Order 413.3B, or any successive departmental guidance, for
construction projects where the total project cost exceeds
$100,000,000, until a separate independent cost
estimate has been developed for the project for that critical decision.

311.

None of the funds made available in this
title may be used to make a grant allocation, discretionary grant award,
discretionary contract award, or Other Transaction Agreement, or to issue a
letter of intent, totaling in excess of
$1,000,000, or to announce publicly the
intention to make such an allocation, award, or Agreement, or to issue such a
letter, including a contract covered by the Federal Acquisition Regulation,
unless the Secretary of Energy notifies the Committees on Appropriations of the
Senate and the House of Representatives at least 3 full business days in
advance of making such an allocation, award, or Agreement, or issuing such a
letter:
Provided, That if the Secretary
of Energy determines that compliance with this section would pose a substantial
risk to human life, health, or safety, an allocation, award, or Agreement may
be made, or a letter may be issued, without advance notification, and the
Secretary shall notify the Committees on Appropriations of the Senate and the
House of Representatives not later than 5 full business days after the date on
which such an allocation, award, or Agreement is made or letter issued.

312.

None of the funds made available by this
title may be used to make a final or conditional loan guarantee award unless
the Secretary of Energy provides notification of the award, including the
proposed subsidy cost, to the Committees on Appropriations of the Senate and
the House of Representatives at least three full business days in advance of
such award.

313.

None of the funds included in this title
for the Department of Energy shall be made available to initiate, administer,
promulgate, or enforce any “significant regulatory action” as defined by
Executive Order No. 12866 unless the Committee on Appropriations has been
notified not later than 30 days before the issuance of such action.

IV

Independent
agencies

Appalachian regional
commission

For expenses
necessary to carry out the programs authorized by the Appalachian Regional
Development Act of 1965, for necessary expenses for the Federal Co-Chairman and
the Alternate on the Appalachian Regional Commission, for payment of the
Federal share of the administrative expenses of the Commission, including
services as authorized by
5 U.S.C.
3109, and hire of passenger motor vehicles,
$68,400,000, to remain available until
expended.

Defense nuclear facilities
safety board

Salaries and
expenses

For necessary
expenses of the Defense Nuclear Facilities Safety Board in carrying out
activities authorized by the Atomic Energy Act of 1954, as amended by
Public Law 100–456, section 1441,
$29,130,000, to remain available until
expended.

Delta regional
authority

Salaries and
expenses

For necessary
expenses of the Delta Regional Authority and to carry out its activities, as
authorized by the Delta Regional Authority Act of 2000, as amended,
notwithstanding sections 382C(b)(2), 382F(d), 382M, and 382N of said Act,
$11,700,000, to remain available until
expended.

Denali commission

For expenses of the Denali Commission
including the purchase, construction, and acquisition of plant and capital
equipment as necessary and other expenses,
$10,700,000, to remain available until expended,
notwithstanding the limitations contained in section 306(g) of the Denali
Commission Act of 1998 (title III of division C of
Public Law 105–277):
Provided, That funds shall be
available for construction projects in an amount not to exceed 80 percent of
total project cost for distressed communities, as defined in the subsection (c)
added to section 307 of such Act by section 701 of title VII of the provisions
of H.R. 3424 (106th Congress) enacted into law in section 1000(a)(4) of
Public Law 106–113 (113 Stat. 1501A–280), and an amount not to exceed 50
percent for non-distressed communities.

Northern border regional
commission

For necessary
expenses of the Northern Border Regional Commission in carrying out activities
authorized by subtitle V of title 40, United States Code,
$1,350,000, to remain available until expended:
Provided, That such amounts shall
be available for administrative expenses, notwithstanding
section
15751(b) of title 40, United States
Code.

Southeast crescent regional
commission

For necessary
expenses of the Southeast Crescent Regional Commission in carrying out
activities authorized by subtitle V of title 40, United States Code,
$250,000, to remain available until
expended.

Nuclear regulatory
commission

Salaries and
expenses

For necessary
expenses of the Nuclear Regulatory Commission in carrying out the purposes of
the Energy Reorganization Act of 1974 and the Atomic Energy Act of 1954,
including official representation expenses (not to exceed
$25,000),
$1,027,240,000 (increased by
$10,000,000), to remain available until
expended:
Provided, That of the amount
appropriated herein, not more than $7,500,000
may be made available for salaries and other support costs for the Office of
the Commission:
Provided, That of the amount
appropriated herein, $10,000,000 (increased by
$10,000,000) shall be used to continue the Yucca
Mountain license application, to be derived from the Nuclear Waste Fund:
Provided further, That
revenues from licensing fees, inspection services, and other services and
collections estimated at $890,713,000 in fiscal
year 2012 shall be retained and used for necessary salaries and expenses in
this account, notwithstanding
31 U.S.C.
3302, and shall remain available until expended:
Provided further, That
the sum herein appropriated shall be reduced by the amount of revenues received
during fiscal year 2012 so as to result in a final fiscal year 2012
appropriation estimated at not more than
$136,527,000:
Provided further, That
of the amounts appropriated under this heading,
$10,000,000 shall be for university research and
development in areas relevant to their respective organization’s mission, and
$5,000,000 shall be for a Nuclear Science and
Engineering Grant Program that will support multiyear projects that do not
align with programmatic missions but are critical to maintaining the discipline
of nuclear science and engineering.

Office of inspector
general

For necessary expenses
of the Office of Inspector General in carrying out the provisions of the
Inspector General Act of 1978, $10,860,000, to
remain available until expended:
Provided, That revenues from
licensing fees, inspection services, and other services and collections
estimated at $9,774,000 in fiscal year 2012
shall be retained and be available until expended, for necessary salaries and
expenses in this account, notwithstanding
section
3302 of title 31, United States Code:
Provided further, That
the sum herein appropriated shall be reduced by the amount of revenues received
during fiscal year 2012 so as to result in a final fiscal year 2012
appropriation estimated at not more than
$1,086,000.

Nuclear waste technical review
board

Salaries and
expenses

For necessary
expenses of the Nuclear Waste Technical Review Board, as authorized by section
5051 of Public Law 100–203, $3,400,000 to be
derived from the Nuclear Waste Fund, and to remain available until
expended.

For necessary expenses for the Office of the
Federal Coordinator for Alaska Natural Gas Transportation Projects pursuant to
the Alaska Natural Gas Pipeline Act of 2004,
$4,032,000:
Provided, That any fees, charges,
or commissions received pursuant to section 802 of
Public Law 110–140 in fiscal year 2012 in excess of
$4,683,000 shall not be available for obligation
until appropriated in a subsequent Act of
Congress.

General provision, independent
agencies

401.(a)

None of the funds
provided in this title for Nuclear Regulatory Commission—Salaries and
Expenses shall be available for obligation or expenditure through a
reprogramming of funds that—

(1)

creates or
initiates a new program, project, or activity;

(2)

eliminates a
program, project, or activity;

(3)

increases funds or
personnel for any program, project, or activity for which funds are denied or
restricted by this Act; or

(4)

reduces funds that
are directed to be used for a specific program, project, or activity by this
Act.

(b)

The Chairman of the Nuclear Regulatory
Commission may not terminate any project, program, or activity without the
approval of a majority vote of the Commissioners of the Nuclear Regulatory
Commission approving such action.

(c)

The Nuclear Regulatory Commission may waive
the restriction on reprogramming under subsection (a) on a case-by-case basis
by certifying to the Committees on Appropriations of the House of
Representatives and the Senate that such action is required to address national
security or imminent risks to public safety. Each such waiver certification
shall include a letter from the Chairman of the Commission that a majority of
Commissioners of the Nuclear Regulatory Commission have voted and approved the
reprogramming waiver certification.

(d)

Except as provided in this section, the
amounts made available for Nuclear Regulatory Commission—Salaries and
Expenses shall be expended as authorized by law for the projects and
activities specified in the text and table under that heading in the report of
the Committee on Appropriations of the House of Representatives to accompany
this Act.

V

Emergency
supplemental funding for disaster relief

(including rescission and
transfers of funds)

501.(a)

Effective on the date of enactment of this
Act, the unobligated balance of funds in excess of
$1,028,684,400 made available for
Department of Transportation—Federal Railroad Administration—Capital
Assistance for High Speed Rail Corridors and Intercity Passenger Rail
Service by title XII of
Public Law 111–5 is hereby rescinded, and the remaining amount is hereby
transferred to and merged with the following accounts of the Corps of
Engineers—Civil in the following amounts for fiscal year 2011, to remain
available until expended, for emergency expenses for repair of damage caused by
the storm and flood events occurring in 2011:

(1)

Construction,
$376,000.

(2)

Mississippi
River and Tributaries,
$589,505,000.

(3)

Operation and Maintenance,
$204,927,000.

(4)

Flood Control and Coastal
Emergencies, $233,876,400.

(b)

With respect to each amount transferred in
subsection (a), the Chief of Engineers, acting through the Assistant Secretary
of the Army for Civil Works, shall provide, at a minimum, a weekly report to
the Committees on Appropriations of the House of Representatives and the Senate
detailing the allocation and obligation of such amount, beginning not later
than one week after the date of the enactment of this Act.

(c)

Each amount transferred in subsection (a)
is designated as an emergency pursuant to section 3(c)(1) of H. Res. 5 (112th
Congress).

VI

General
provisions

601.

None of the funds
appropriated by this Act may be used in any way, directly or indirectly, to
influence congressional action on any legislation or appropriation matters
pending before Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.

602.

None of the funds made available in this
Act may be transferred to any department, agency, or instrumentality of the
United States Government, except pursuant to a transfer made by, or transfer
authority provided, in this Act or any other appropriation Act.

603.

None of the funds appropriated or otherwise
made available by this Act may be obligated by any covered executive agency in
contravention of the certification requirement of section 6(b) of the Iran
Sanctions Act of 1996, as included in the revisions to the Federal Acquisition
Regulation pursuant to such section.

604.

None of the funds made available in this
Act may be used to conduct closure of adjudicatory functions, technical review,
or support activities associated with the Yucca Mountain geologic repository
license application until the Nuclear Regulatory Commission reverses ASLB
decision LBP–10–11, or for actions that irrevocably remove the possibility that
Yucca Mountain may be a repository option in the future.

605.

None of the funds made available under this
Act may be expended for any new hire by any Federal agency funded in this Act
that is not verified through the E-Verify Program established under section
403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C.
1324a note).

606.

None of the funds made available by this
Act may be used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation that was convicted (or had an officer or agent of
such corporation acting on behalf of the corporation convicted) of a felony
criminal violation under any Federal law within the preceding 24 months.

607.

None of the funds made available by this
Act may be used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation that any unpaid Federal tax liability that has
been assessed, for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting the tax
liability.

Spending reduction
account

608.

The amount by which the applicable
allocation of new budget authority made by the Committee on Appropriations of
the House of Representatives under section 302(b) of the Congressional Budget
Act of 1974 exceeds the amount of proposed new budget authority is
$0 (increased by
$4,900,000) (increased by
$6,000,000) (increased by
$200,000) (increased by
$2,500,000).

609.

None of the funds made available by this
Act may be used to implement or enforce
section
327.13(a) of title 36, Code of Federal Regulations.

610.

None of the funds made available by this
Act for Department of Energy—Energy Programs—Science may be used
in contravention of the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.).

611.

None of the funds made available in this
Act may be used to implement or enforce the recommendations or guidance
proposed by the Army Corps of Engineers in the final draft of the McNary
Shoreline Management Plan, Lake Wallula, Washington.

612.

None of the funds made available by this
Act may be used by the Department of Energy to move the Office of Environmental
Management under the authority of the Under Secretary for Nuclear Security of
the Department of Energy.

613.

None of the funds made available by this
Act may be used by the Department of Energy or any other Federal agency to
lease or purchase new light duty vehicles, for any executive fleet, or for an
agency’s fleet inventory, except in accordance with Presidential
Memorandum-Federal Fleet Performance, dated May 24, 2011.

614.

None of the funds made available to the
Corps of Engineers by this Act may be used for the removal or associated
mitigation of Federal Energy Regulatory Commission Project number 2342.

615.

None of the funds made available by this
Act may be used to implement section 10011(b) of
Public Law 111–11.

616.

None of the funds made available by this
Act may be used to enforce section 526 of the Energy Independence and Security
Act of 2007 (Public Law 110–140;
42 U.S.C.
17142).

617.

None of the funds made available by this
Act may be used to pay the salaries of Department of Energy employees to carry
out section 407 of division A of the American Recovery and Reinvestment Act of
2009.

618.

None of the funds made available by this
Act may be used for the study of the Missouri River Projects authorized in
section 108 of the Energy and Water Development and Related Agencies
Appropriations Act, 2009 (division C of
Public Law 111–8).

619.

None of the funds made available in this
Act may be used to continue the study conducted by the Army Corps of Engineers
pursuant to section 5018(a)(1) of the Water Resources Development Act of
2007.

620.

None of the funds made available in this
Act may be used to develop or submit a proposal to expand the authorized uses
of the Harbor Maintenance Trust Fund described in section 9505(c) of the
Internal Revenue Code (26 U.S.C. 9505(c)).

621.

None of the funds made available by this
Act may be used to fund any portion of the International activities at the
Office of Energy Efficiency and Renewable Energy of the Department of Energy in
China.

622.

None of the funds made available by this
Act may be used in contravention of Executive Order No. 12898 of February 11,
1994 (Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations).

623.

None of the funds made available in this
Act may be used—

(1)

to implement or
enforce section 430.32(x) of title 10,
Code of Federal Regulations; or

(2)

to implement or enforce the standards
established by the tables contained in section 325(i)(1)(B) of the Energy
Policy and Conservation Act (42 U.S.C. 6295(i)(1)(B)) with
respect to BPAR incandescent reflector lamps, BR incandescent reflector lamps,
and ER incandescent reflector lamps.

624.

None of the funds made available by this
Act may be used to implement any rule, regulation, or Executive order regarding
the disclosure of political contributions that takes effect on or after the
date of enactment of this Act.

625.

The amounts otherwise provided by this Act
are revised by reducing the amount made available for “Department of
Energy—Energy Programs—Departmental Administration”, and by increasing the
amount made available for “Department of Energy—Energy Programs—Energy
Efficiency and Renewable Energy” (except for Program Direction), by
$10,000,000.

626.

For Corps of
Engineers-Civil—Construction there is hereby appropriated, and the
amount otherwise provided by this Act for Corps of
Engineers-Civil—Expenses is hereby reduced by,
$1,000,000.

627.

None of the funds made available by this
Act may be used to pay the salary of individuals appointed to their current
position through, or otherwise carry out, paragraphs (1), (2), and (3) of
section
5503(a) of title 5, United States Code.

628.

None of the funds made available by this
Act may be used to fund any portion of the International program activities at
the Office of Energy Efficiency and Renewable Energy of the Department of
Energy with the exception of the activities authorized in section 917 of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17337).

This Act may be cited as the
Energy aand Water Development and
Related Agencies Appropriations Act, 2012.

That the following sums are appropriated,
out of any money in the Treasury not otherwise appropriated, for energy and
water development and related agencies for the fiscal year ending September 30,
2012, and for other purposes, namely:

I

Corps of engineers—civil

Department of the
army

Corps of engineers—civil

The following appropriations shall be
expended under the direction of the Secretary of the Army and the supervision
of the Chief of Engineers for authorized civil functions of the Department of
the Army pertaining to rivers and harbors, flood and storm damage reduction,
short protection, aquatic ecosystem restoration, and related
efforts.

General investigations

For expenses necessary where authorized by
law for the collection and study of basic information pertaining to river and
harbor, flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related needs; for surveys and detailed studies, and plans and
specifications of proposed river and harbor, flood and storm damage reduction,
shore protection, and aquatic ecosystem restoration projects and related
efforts prior to construction; for restudy of authorized projects; and for
miscellaneous investigations and, when authorized by law, surveys and detailed
studies, and plans and specifications of projects prior to construction,
$125,000,000, to remain available until
expended.

Construction,
general

(including transfer of
funds)

For expenses necessary for the construction
of river and harbor, flood and storm damage reduction, shore protection,
aquatic ecosystem restoration, and related projects authorized by law; for
conducting detailed studies, and plans and specifications, of such projects
(including those involving participation by States, local governments, or
private groups) authorized or made eligible for selection by law (but such
detailed studies, and plans and specifications, shall not constitute a
commitment of the Government to construction);
$1,610,000,000, to remain available until
expended; of which such sums as are necessary to cover the Federal share of
construction costs for facilities under the Dredged Material Disposal
Facilities program shall be derived from the Harbor Maintenance Trust Fund as
authorized by Public Law 104–303; and of which such sums as are necessary to
cover one-half of the costs of construction, replacement, rehabilitation, and
expansion of inland waterways projects (including only Lock and Dam 27,
Mississippi River, Illinois; Lock and Dams 2, 3, and 4 Monongahela River,
Pennsylvania; Olmsted Lock and Dam, Illinois and Kentucky; and Emsworth Locks
and Dam, Ohio River, Pennsylvania) shall be derived from the Inland Waterways
Trust Fund.

Mississippi river and
tributaries

For expenses
necessary for flood damage reduction projects and related efforts in the
Mississippi River alluvial valley below Cape Girardeau, Missouri, as authorized
by law, $250,000,000, to remain available until
expended, of which such sums as are necessary to cover the Federal share of
eligible operation and maintenance costs for inland harbors shall be derived
from the Harbor Maintenance Trust Fund.

Operation and maintenance

For expenses necessary for the operation,
maintenance, and care of existing river and harbor, flood and storm damage
reduction, aquatic ecosystem restoration, and related projects authorized by
law; providing security for infrastructure owned or operated by the Corps,
including administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public agency that serve
essential navigation needs of general commerce, where authorized by law;
surveying and charting northern and northwestern lakes and connecting waters;
clearing and straightening channels; and removing obstructions to navigation,
$2,360,000,000, to remain available until
expended, of which such sums as are necessary to cover the Federal share of
eligible operation and maintenance costs for coastal harbors and channels, and
for inland harbors shall be derived from the Harbor Maintenance Trust Fund; of
which such sums as become available from the special account for the Corps
established by the Land and Water Conservation Act of 1965 (16 U.S.C.
460l–6a(i)) shall be derived from that account for resource protection,
research, interpretation, and maintenance activities related to resource
protection in areas managed by the Corps at which outdoor recreation is
available; and of which such sums as become available from fees collected under
section 217 of Public Law 104–303 shall be used to cover the cost of operation
and maintenance of the dredged material disposal facilities for which such fees
have been collected.

Regulatory program

For expenses necessary for administration of
laws pertaining to regulation of navigable waters and wetlands,
$193,000,000, to remain available until
September 30, 2013.

Formerly utilized sites remedial action
program

For expenses necessary
to clean up contamination from sites in the United States resulting from work
performed as part of the Nation's early atomic energy program,
$109,000,000, to remain available until
expended.

Flood control and coastal
emergencies

For expenses
necessary to prepare for flood, hurricane, and other natural disasters and
support emergency operations, repairs, and other activities in response to such
disasters as authorized by law, $27,000,000, to
remain available until expended.

General expenses

For expenses necessary for the supervision
and general administration of the civil works program in the headquarters of
the United States Army Corps of Engineers and the offices of the Division
Engineers; and for the management and operation of the Humphreys Engineer
Center Support Activity, the Institute for Water Resources, the United States
Army Engineer Research and Development Center, and the United States Army Corps
of Engineers Finance Center, $185,000,000, to
remain available until September 30, 2013, of which not to exceed
$5,000 may be used for official reception and
representation purposes and only during the current fiscal year:
Provided, That no part of any other
appropriation provided in title I of this Act shall be available to fund the
civil works activities of the Office of the Chief of Engineers or the civil
works executive direction and management activities of the division offices:
Provided further, That
any Flood Control and Coastal Emergencies appropriation may be used to fund the
supervision and general administration of emergency operations, repairs, and
other activities in response to any flood, hurricane, or other natural
disaster.

Office of the assistant secretary of
the army for civil works

For
the Office of the Assistant Secretary of the Army for Civil Works as authorized
by 10 U.S.C. 3016(b)(3), $5,000,000, to remain
available until September 30, 2013.

Administrative provision

The Revolving Fund, Corps of Engineers,
shall be available during the current fiscal year for purchase (not to exceed
100 for replacement only) and hire of passenger motor vehicles for the civil
works program.

General provisions—corps of
engineers—civil

101.(a)

None of the funds provided in title I of
this Act, or provided by previous appropriations Acts to the agencies or
entities funded in title I of this Act that remain available for obligation or
expenditure in fiscal year 2010, shall be available for obligation or
expenditure through a reprogramming of funds that:

(1)

creates or initiates a
new program, project, or activity;

(2)

eliminates a program,
project, or activity;

(3)

increases funds or
personnel for any program, project, or activity for which funds have been
denied or restricted by this Act, unless prior approval is received from the
House and Senate Committees on Appropriations;

(4)

proposes to use funds
directed for a specific activity for a different purpose, unless prior approval
is received from the House and Senate Committees on Appropriations;

(5)

augments or reduces
existing programs, projects or activities in excess of the amounts contained in
subsections 6 through 10, unless prior approval is received from the House and
Senate Committees on Appropriations;

(6)

General
investigations

For a base level over
$100,000, reprogramming of 25 percent of the
base amount up to a limit of $150,000 per
project, study or activity is allowed:
Provided, That for a base level
less than $100,000, the reprogramming limit is
$25,000: Provided
further, That up to $25,000
may be reprogrammed into any continuing study or activity that did not receive
an appropriation for existing obligations and concomitant administrative
expenses;

(7)

Construction,
general

For a base level over
$2,000,000, reprogramming of 15 percent of the
base amount up to a limit of $3,000,000 per
project, study or activity is allowed:
Provided, That for a base level
less than $2,000,000, the reprogramming limit is
$300,000: Provided
further, That up to
$3,000,000 may be reprogrammed for settled
contractor claims, changed conditions, or real estate deficiency
judgments: Provided further,
That up to $300,000 may be reprogrammed into any
continuing study or activity that did not receive an appropriation for existing
obligations and concomitant administrative expenses;

(8)

Operation and
maintenance

Unlimited reprogramming authority is granted in order
for the Corps to be able to respond to emergencies:
Provided, That the Chief of
Engineers must notify the House and Senate Committees on Appropriations of
these emergency actions as soon thereafter as practicable: Provided further, That for a base
level over $1,000,000, reprogramming of 15
percent of the base amount a limit of $5,000,000
per project, study or activity is allowed:
Provided further, That for a base level less than
$1,000,000, the reprogramming limit is
$150,000: Provided
further, That $150,000 may be
reprogrammed into any continuing study or activity that did not receive an
appropriation;

(9)

Mississippi river and
tributaries

The same reprogramming guidelines for the
Investigations, Construction, and Operation and Maintenance portions of the
Mississippi River and Tributaries Account as listed above; and

(10)

Formerly utilized
sites remedial action program

Reprogramming of up to 15 percent
of the base of the receiving project is permitted.

(b)

De minimus
reprogrammings

In no case should a reprogramming for less than
$50,000 be submitted to the House and Senate
Committees on Appropriations.

(c)

Continuing authorities
program

Subsection (a)(1) shall not apply to any project or
activity funded under the continuing authorities program.

(d)

Not later than 60 days
after the date of enactment of this Act, the Corps of Engineers shall submit a
report to the House and Senate Committees on Appropriations to establish the
baseline for application of reprogramming and transfer authorities for the
current fiscal year:
Provided, That the report shall
include:

(1)

A table for each
appropriation with a separate column to display the President’s budget request,
adjustments made by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;

(2)

A delineation in the
table for each appropriation both by object class and program, project and
activity as detailed in the budget appendix for the respective appropriations;
and

(3)

An identification of
items of special congressional interest.

102.

None of the funds in this Act, or previous
Acts, making funds available to the Corps, shall be used to implement any
pending or future competitive sourcing actions under OMB Circular A–76 or High
Performing Organizations.

103.

None of the funds in this Act, or previous
Acts, making funds available to the Corps, shall be used to award any
continuing contract that commits additional funding from the Inland Waterways
Trust Fund unless or until such time that a long-term mechanism to enhance
revenues in this Fund sufficient to meet the cost-sharing authorized in the
Water Resources Development Act of 1986 (Public Law 99–662), as amended, is
enacted.

104.

Within 120 days of the date of the Chief of
Engineers Report on a water resource matter, the Assistant Secretary of the
Army (Civil Works) shall submit the report to the appropriate authorizing and
appropriating committees of the Congress.

105.

During the fiscal year period covered by
this Act, the Secretary of the Army is authorized to implement measures
recommended in the efficacy study authorized under section 3061 of the Water
Resources Development Act of 2007 (121 Stat. 1121) or in interim reports, with
such modifications or emergency measures as the Secretary of the Army
determines to be appropriate, to prevent aquatic nuisance species from
dispersing into the Great Lakes by way of any hydrologic connection between the
Great Lakes and the Mississippi River Basin.

106.

The Secretary is authorized to transfer to
the Construction account up to
$100,000,000 of the funds provided for
reinforcing or replacing flood walls under the Flood Control and Coastal
Emergencies heading in Public Law 109–234 (120 Stat. 455) and Public
Law 110–252 (122 Stat. 2350) and up to
$75,000,000 of the funds provided for projects
and measures for the West Bank and Vicinity and Lake Ponchartrain and Vicinity
projects under the Flood Control and Coastal Emergencies heading
in Public Law 110–28 (121 Stat. 153) to be used with funds provided for the
West Bank and Vicinity project under the Construction heading in
Public Law 110–252 (122 Stat. 2349) and Public Law 110–329 (122 Stat. 3589),
consistent with 65 percent Federal and 35 percent non-Federal cost share and
the financing of, and payment terms for, the non-Federal cash contribution
associated with the West Bank and Vicinity project.

107.

The Secretary of the Army may authorize a
member of the Armed Forces under the Secretary's jurisdiction and employees of
the Department of the Army to serve without compensation as director, officer,
or otherwise in the management of the organization established to support and
maintain the participation of the United States in the permanent international
commission of the congresses of navigation, or any successor entity.

108.(a)

Acquisition

The
Secretary is authorized to acquire any real property and associated real
property interests in the vicinity of Hanover, New Hampshire as may be needed
for the Engineer Research and Development Center laboratory facilities at the
Cold Regions Research and Engineering Laboratory. This real property to be
acquired consists of 18.5 acres more or less, identified as Tracts 101–1 and
101–2, together with all necessary easements located entirely within the Town
of Hanover, New Hampshire. The real property is generally bounded to the east
by state route 10-Lyme Road, to the north by the vacant property of the
Trustees of the Dartmouth College, to the south by Fletcher Circle graduate
student housing owned by the Trustees of Dartmouth College, and to the west by
approximately 9 acres of real property acquired in fee through condemnation in
1981 by the Secretary of the Army.

(b)

Revolving
Fund

The Secretary is authorized to use the Revolving Fund (33
U.S.C. 576) through the Plant Replacement and Improvement Program to acquire
the real property and associated real property interests in subsection (a). The
Secretary shall ensure that the Revolving Fund is appropriately reimbursed from
the benefiting appropriations.

(c)

Right of First
Refusal

The Secretary may provide the Seller of any real property
and associated property interests identified in subsection (a)—

(1)

a right of first refusal
to acquire such property, or any portion thereof, in the event the property, or
any portion thereof, is no longer needed by the Department of the Army.

(2)

a right of first refusal
to acquire any real property or associated real property interests acquired by
condemnation in Civil Action No. 81–360–L, in the event the property, or any
portion thereof, is no longer needed by the Department of the Army.

(3)

the purchase of any
property by the Seller exercising either right of first refusal authorized in
this section shall be for consideration acceptable to the Secretary and shall
be for not less than fair market value at the time the property becomes
available for purchase. The right of first refusal authorized in this section
shall not inure to the benefit of the Sellers successors or assigns.

(d)

Disposal

The
Secretary of the Army is authorized to dispose of any property or associated
real property interests that are subject to the exercise of the right of first
refusal as set forth herein.

109.

The Secretary of the Army may transfer, and
the Fish and Wildlife Service may accept and expend, up to
$3,800,000 of funds provided in this title under
the heading Operation and Maintenance, to mitigate for fisheries
lost due to Corps of Engineers projects.

110.

The Secretary of the Army, acting through
the Chief of Engineers, is directed to fully utilize the Federal dredging fleet
in support of all Army Corps of Engineers missions and no restrictions shall be
placed on the use or maintenance of any dredge in the Federal Fleet.

111.

The Secretary of the Army, acting through
the Chief of Engineers, is directed to maintain the Federal dredging fleet to
technologically modern and efficient standards.

112.

The Secretary of the Army, acting through
the Chief of Engineers is directed to utilize funds from the revolving fund to
expeditiously undertake necessary health and safety improvements, including
lead and asbestos abatement, to the dredge “McFarland”:
Provided, That the Secretary
shall ensure that the Revolving Fund is appropriately reimbursed from
appropriations of the Corps’ benefiting programs by collection each year of
amounts sufficient to repay the capitalized cost of such construction and
improvements.

113.

With respect to the property covered by the
deed described in Auditor's instrument No. 2006–014428 of Benton County,
Washington, approximately 1.5 acres, the following deed restrictions are hereby
extinguished and of no further force and effect:

(1)

The reversionary interest and use
restrictions related to port and industrial purposes;

(2)

The right for the District Engineer to
review all pre-construction plans and/or specifications pertaining to
construction and/or maintenance of any structure intended for human habitation,
other building structure, parking lots, or roads, if the elevation of the
property is above the standard project flood elevation; and

(3)

The right of the District Engineer to
object to, and thereby prevent, in his/her discretion, such activity.

114.

That portion of the project for navigation,
Block Island Harbor of Refuge, Rhode Island adopted by the Rivers and Harbors
Act of July 11, 1870, consisting of the cut-stone breakwater lining the west
side of the Inner Basin; beginning at a point with coordinates N32579.55,
E312625.53, thence running northerly about 76.59 feet to a point with
coordinates N32655.92, E312631.32, thence running northerly about 206.81 feet
to a point with coordinates N32858.33, E312673.74, thence running easterly
about 109.00 feet to a point with coordinates N32832.15, E312779.54, shall no
longer be authorized after the date of enactment.

115.

The Secretary of the Army, acting through
the Chief of Engineers, is authorized, using amounts available in the Revolving
Fund established by section 101 of the Act of July 27, 1953, chap. 245 (33
U.S.C. 576), to construct a Consolidated Infrastructure Research Equipment
Facility, an Environmental Processes and Risk Lab, a Hydraulic Research
Facility, an Engineer Research and Development Center headquarters building, a
Modular Hydraulic Flume building, and to purchase real estate, perform
construction, and make facility, utility, street, road, and infrastructure
improvements to the Engineer Research and Development Center's installations
and facilities. The Secretary shall ensure that the Revolving Fund is
appropriately reimbursed from the benefitting appropriations.

116.

Section 1148 of the Water Resources
Development Act of 1986 (100 Stat. 4254; 110 Stat. 3718; 114 Stat. 2609) is
amended by striking subsection (b) and inserting the following:

(b)

Disposition of Acquired
Land

The Secretary may
transfer land acquired under this section to the non-Federal sponsor by
quitclaim deed subject to such terms and conditions as the Secretary determines
to be in the public
interest.

.

117.

The New London Disposal Site and the
Cornfield Shoals Disposal Site in Long Island Sound selected by the Department
of the Army as alternative dredged material disposal sites under section 103(b)
of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended,
shall remain open until completion of a Supplemental Environmental Impact
Statement to support final designation of an Ocean Dredged Material Disposal
Site in eastern Long Island Sound under section 102(c) of the Marine
Protection, Research, and Sanctuaries Act of 1972.

118.(a)

That portion of the project for navigation,
Newport Harbor, Rhode Island adopted by the Rivers and Harbors Acts of March 2,
1907 (34 Stat. 1075); June 25, 1910 (36 Stat. 632); August 26, 1937 (50 Stat.
845); and, modified by the Consolidated Appropriations Act, 2000, Public Law 106–113, appendix E, title II, section 221 (113 Stat. 1501A–298); consisting of
a 13-foot anchorage, an 18-foot anchorage, a 21-foot channel, and 18-foot
channels described by the following shall no longer be authorized after the
date of enactment of this Act: the 21-Foot Entrance Channel, beginning at a
point (1) with coordinates 374986.03, 150611.01; thence running south 46
degrees 54 minutes 30.7 seconds east 900.01 feet to a point (2) with
coordinates 375643.27, 149996.16; thence running south 8 degrees 4 minutes 58.3
east 2,376.87 feet to a point (3) with coordinates 375977.47, 147643.00; thence
running south 4 degrees 28 minutes 20.4 seconds west 738.56 feet to a point (4)
with coordinates 375919.88, 146906.60; thence running south 6 degrees 2 minutes
42.4 seconds east 1,144.00 feet to a point (5) with coordinates 376040.35,
145768.96; thence running south 34 degrees 5 minutes 51.7 seconds west 707.11
feet to a point (6) with coordinates 375643.94, 145183.41; thence running south
73 degrees 11 minutes 42.9 seconds west 1,300.00 feet to the end point (7) with
coordinates 374399.46, 144807.57; Returning at a point with coordinates (8)
with coordinates 374500.64, 144472.51; thence running north 73 degrees 11
minutes 42.9 seconds east 1,582.85 feet to a point (9) with coordinates
376015.90, 144930.13; thence running north 34 degrees 5 minutes 51.7 seconds
east 615.54 feet to a point (10) with coordinates 376360.97, 145439.85; thence
running north 2 degrees 10 minutes 43.3 seconds west 2,236.21 feet to a point
(11) with coordinates 376275.96, 147674.45; thence running north 8 degrees 4
minutes 55.6 seconds west 2,652.83 feet to a point (12) with coordinates
375902.99, 150300.93; thence running north 46 degrees 54 minutes 30.7 seconds
west 881.47 feet to an end point (13) with coordinates 375259.29, 150903.12;
and the 18-Foot South Goat Island Channel beginning at a point (14) with
coordinates 375509.09, 149444.83; thence running south 25 degrees 44 minutes
0.5 second east 430.71 feet to a point (15) with coordinates 375696.10,
149056.84; thence running south 10 degrees 13 minutes 27.4 seconds east
1,540.89 feet to a point (16) with coordinates 375969.61, 147540.41; thence
running south 4 degrees 29 minutes 11.3 seconds west 1,662.92 feet to a point
(17) with coordinates 375839.53, 145882.59; thence running south 34 degrees 5
minutes 51.7 seconds west 547.37 feet to a point (18) with coordinates
375532.67, 145429.32; thence running south 86 degrees 47 minutes 37.7 seconds
west 600.01 feet to an end point (19) with coordinates 374933.60, 145395.76;
and the 18-Foot Entrance Channel beginning at a point (20) with coordinates
374567.14, 144252.33; thence running north 73 degrees 11 minutes 42.9 seconds
east 1,899.22 feet to a point (21) with coordinates 376385.26, 144801.42;
thence running north 2 degrees 10 minutes 41.5 seconds west 638.89 feet to an
end point (10) with coordinates 376360.97, 145439.85; and the 18-Foot South
Anchorage beginning at a point (22) with coordinates 376286.81, 147389.37;
thence running north 78 degrees 56 minutes 15.6 seconds east 404.86 feet to a
point (23) with coordinates 376684.14, 147467.05; thence running north 78
degrees 56 minutes 15.6 seconds east 1,444.33 feet to a point (24) with
coordinates 378101.63, 147744.18; thence running south 5 degrees 18 minutes
43.8 seconds west 1,228.20 feet to a point (25) with coordinates 377987.92,
146521.26; thence running south 3 degrees 50 minutes 3.4 seconds east 577.84
feet to a point (26) with coordinates 378026.56, 145944.71; thence running
south 44 degrees 32 minutes 14.7 seconds west 2,314.09 feet to a point (27)
with coordinates 376403.52, 144295.24 thence running south 60 degrees 5 minutes
58.2 seconds west 255.02 feet to an end point (28) with coordinates 376182.45,
144168.12; and the 13-Foot Anchorage beginning at a point (29) with coordinates
376363.39, 143666.99; thence running north 63 degrees 34 minutes 19.3 seconds
east 1,962.37 feet to a point (30) with coordinates 378120.68, 144540.38;
thence running north 3 degrees 50 minutes 3.1 seconds west 1,407.47 feet to an
end point (26) with coordinates 378026.56, 145944.71; and the 18-Foot East
Channel beginning at a point (23) with coordinates 376684.14, 147467.05; thence
running north 2 degrees 10 minutes 43.3 seconds west 262.95 feet to a point
(31) with coordinates 376674.14, 147729.81; thence running north 9 degrees 42
minutes 20.3 seconds west 301.35 feet to a point (32) with coordinates
376623.34, 148026.85; thence running south 80 degrees 17 minutes 42.4 seconds
west 313.6 feet to a point (33) with coordinates 376314.23, 147973.99; thence
running north 7 degrees 47 minutes 21.9 seconds west 776.24 feet to an end
point (34) with coordinates 376209.02, 148743.06; and the 18-Foot North
Anchorage beginning at a point (35) with coordinates 376123.98, 148744.69;
thence running south 88 degrees 54 minutes 16.2 seconds east 377.90 feet to a
point (36) with coordinates 376501.82, 148737.47; thence running north 9
degrees 42 minutes 19.0 seconds west 500.01 feet to a point (37) with
coordinates 376417.52, 149230.32; thence running north 6 degrees 9 minutes 53.2
seconds west 1,300.01 feet to an end point (38) with coordinates 376277.92,
150522.81.

(b)

The area described by the following shall
be redesignated as an eighteen-foot channel and turning basin: Beginning at a
point (1) with coordinates N144759.41, E374413.16; thence running north 73
degrees 11 minutes 42.9 seconds east 1,252.88 feet to a point (2) with
coordinates N145121.63, E375612.53; thence running north 26 degrees 29 minutes
48.1 seconds east 778.89 feet to a point (3) with coordinates N145818.71,
E375960.04; thence running north 0 degrees 3 minutes 38.1 seconds west 1,200.24
feet to a point (4) with coordinates N147018.94, E375958.77; thence running
north 2 degrees 22 minutes 45.2 seconds east 854.35 feet to a point (5) with
coordinates N147872.56, E375994.23; thence running north 7 degrees 47 minutes
21.9 seconds west 753.83 feet to a point (6) with coordinates N148619.44,
E375892.06; thence running north 88 degrees 46 minutes 16.7 seconds east 281.85
feet to a point (7) with coordinates N148625.48, E376173.85; thence running
south 7 degrees 47 minutes 21.9 seconds east 716.4 feet to a point (8) with
coordinates N147915.69, E376270.94; thence running north 80 degrees 17 minutes
42.3 seconds east 315.3 feet to a point (9) with coordinates N147968.85,
E.76581.73; thence running south 9 degrees 42 minutes 20.3 seconds east 248.07
feet to a point (10) with coordinates N147724.33, E376623.55; thence running
south 2 degrees 10 minutes 43.3 seconds east 318.09 feet to a point (11) with
coordinates N147406.47, E376635.64; thence running north 78 degrees 56 minutes
15.6 seconds east 571.11 feet to a point (12) with coordinates N147516.06,
E377196.15; thence running south 88 degrees 57 minutes 2.3 seconds east 755.09
feet to a point (13) with coordinates N147502.23, E377951.11; thence running
south 1 degree 2 minutes 57.7 seconds west 100.00 feet to a point (14) with
coordinates N147402.25, E377949.28; thence running north 88 degrees 57 minutes
2.3 seconds west 744.48 feet to a point (15) with coordinates N147415.88,
E377204.92; thence running south 78 degrees 56 minutes 15.6 seconds west 931.17
feet to a point (16) with coordinates N147237.21, E376291.06; thence running
south 39 degrees 26 minutes 18.7 seconds west 208.34 feet to a point (17) with
coordinates N147076.31, E376158.71; thence running south 0 degrees 3 minutes
38.1 seconds east 1,528.26 feet to a point (18) with coordinates N145548.05,
E376160.32; thence running south 26 degrees 29 minutes 48.1 seconds west 686.83
feet to a point (19) with coordinates N144933.37, E375853.90; thence running
south 73 degrees 11 minutes 42.9 seconds west 1,429.51 feet to end at a point
(20) with coordinates N144520.08, E374485.44.

II

Department of the interior

Central utah
project

Central utah project completion
account

For carrying out
activities authorized by the Central Utah Project Completion Act,
$28,991,000, to remain available until expended,
of which $2,000,000 shall be deposited into the
Utah Reclamation Mitigation and Conservation Account for use by the Utah
Reclamation Mitigation and Conservation Commission, and of which
$1,550,000 for necessary expenses incurred in
carrying out related responsibilities of the Secretary of the Interior. For
fiscal year 2012, the Commission may use an amount not to exceed
$1,500,000 for administrative
expenses.

Water and related
resources

(including transfers of
funds)

The following
appropriations shall be expended to execute authorized functions of the Bureau
of Reclamation:

For management,
development, and restoration of water and related natural resources and for
related activities, including the operation, maintenance, and rehabilitation of
reclamation and other facilities, participation in fulfilling related Federal
responsibilities to Native Americans, and related grants to, and cooperative
and other agreements with, State and local governments, federally recognized
Indian tribes, and others, $885,670,000, to
remain available until expended, of which
$10,698,000 shall be available for transfer to
the Upper Colorado River Basin Fund and
$6,136,000 shall be available for transfer to
the Lower Colorado River Basin Development Fund; of which such amounts as may
be necessary may be advanced to the Colorado River Dam Fund:
Provided, That such transfers may
be increased or decreased within the overall appropriation under this heading:
Provided further, That
of the total appropriated, the amount for program activities that can be
financed by the Reclamation Fund or the Bureau of Reclamation special fee
account established by 16 U.S.C. 460l-6a(i) shall be derived from that Fund or
account:
Provided further, That
funds contributed under 43 U.S.C. 395 are available until expended for the
purposes for which contributed:
Provided further, That
funds advanced under 43 U.S.C. 397a shall be credited to this account and are
available until expended for the same purposes as the sums appropriated under
this heading:
Provided further, That
of the amounts provided herein, funds may be used for high priority projects
which shall be carried out by the Youth Conservation Corps, as authorized by 16
U.S.C. 1706.

Central valley project restoration
fund

For carrying out the
programs, projects, plans, habitat restoration, improvement, and acquisition
provisions of the Central Valley Project Improvement Act,
$53,068,000, to be derived from such sums as may
be collected in the Central Valley Project Restoration Fund pursuant to
sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102–575, to remain
available until expended:
Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount of the additional
mitigation and restoration payments authorized by section 3407(d) of Public Law 102–575:
Provided further, That
none of the funds made available under this heading may be used for the
acquisition or leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or
order.

California bay-delta
restoration

(including transfers of
funds)

For carrying out
activities authorized by the Water Supply, Reliability, and Environmental
Improvement Act, consistent with plans to be approved by the Secretary of the
Interior, $39,651,000, to remain available until
expended, of which such amounts as may be necessary to carry out such
activities may be transferred to appropriate accounts of other participating
Federal agencies to carry out authorized purposes:
Provided, That funds appropriated
herein may be used for the Federal share of the costs of CALFED Program
management:
Provided further, That
the use of any funds provided to the California Bay-Delta Authority for
program-wide management and oversight activities shall be subject to the
approval of the Secretary of the Interior:
Provided further, That
CALFED implementation shall be carried out in a balanced manner with clear
performance measures demonstrating concurrent progress in achieving the goals
and objectives of the Program.

Policy and administration

For necessary expenses of policy,
administration, and related functions in the Office of the Commissioner, the
Denver office, and offices in the five regions of the Bureau of Reclamation, to
remain available until September 30, 2013,
$60,000,000, to be derived from the Reclamation
Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other
appropriation in this Act shall be available for activities or functions
budgeted as policy and administration expenses.

General provisions—department of the
interior

201.(a)

None of the funds provided in title II of
this Act for Water and Related Resources, or provided by previous
appropriations Acts to the agencies or entities funded in title II of this Act
for Water and Related Resources that remain available for obligation or
expenditure in fiscal year 2010, shall be available for obligation or
expenditure through a reprogramming of funds that—

(1)

initiates or creates a new program,
project, or activity;

(2)

eliminates a program, project, or
activity;

(3)

increases funds for any program, project,
or activity for which funds have been denied or restricted by this Act, unless
prior approval is received from the Committees on Appropriations of the House
of Representatives and the Senate;

(4)

restarts or resumes any program, project or
activity for which funds are not provided in this Act, unless prior approval is
received from the Committees on Appropriations of the House of Representatives
and the Senate;

(5)

transfers funds in excess of the following
limits, unless prior approval is received from the Committees on Appropriations
of the House of Representatives and the Senate:

(A)

15 percent for any program, project or
activity for which $2,000,000 or more is
available at the beginning of the fiscal year; or

(B)

$300,000 for
any program, project or activity for which less than
$2,000,000 is available at the beginning of the
fiscal year;

(6)

transfers more than
$500,000 from either the Facilities Operation,
Maintenance, and Rehabilitation category or the Resources Management and
Development category to any program, project, or activity in the other
category, unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate; or

(7)

transfers, where necessary to discharge
legal obligations of the Bureau of Reclamation, more than
$5,000,000 to provide adequate funds for settled
contractor claims, increased contractor earnings due to accelerated rates of
operations, and real estate deficiency judgments, unless prior approval is
received from the Committees on Appropriations of the House of Representatives
and the Senate.

(b)

Subsection (a)(5) shall not apply to any
transfer of funds within the Facilities Operation, Maintenance, and
Rehabilitation category.

(c)

For purposes of this section, the term
transfer means any movement of funds into or out of a program,
project, or activity.

(d)

The Bureau of Reclamation shall submit
reports on a quarterly basis to the Committees on Appropriations of the House
of Representatives and the Senate detailing all the funds reprogrammed between
programs, projects, activities, or categories of funding. The first quarterly
report shall be submitted not later than 60 days after the date of enactment of
this Act.

202.(a)

None of the funds appropriated or otherwise
made available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until development by
the Secretary of the Interior and the State of California of a plan, which
shall conform to the water quality standards of the State of California as
approved by the Administrator of the Environmental Protection Agency, to
minimize any detrimental effect of the San Luis drainage waters.

(b)

The costs of the
Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley
Drainage Program shall be classified by the Secretary of the Interior as
reimbursable or nonreimbursable and collected until fully repaid pursuant to
the Cleanup Program-Alternative Repayment Plan and the
SJVDP-Alternative Repayment Plan described in the report
entitled Repayment Report, Kesterson Reservoir Cleanup Program and San
Joaquin Valley Drainage Program, February 1995, prepared by the
Department of the Interior, Bureau of Reclamation. Any future obligations of
funds by the United States relating to, or providing for, drainage service or
drainage studies for the San Luis Unit shall be fully reimbursable by San Luis
Unit beneficiaries of such service or studies pursuant to Federal reclamation
law.

203.

Section 529(b)(3) of Public Law 106–541, as
amended by section 115 of Public Law 109–103, is further amended by striking
$20,000,000 and inserting
$30,000,000 in lieu
thereof.

204.

Section 8 of the Water Desalination Act of
1996 (42 U.S.C. 10301 note; Public Law 104–298) is amended—

(1)

in subsection (a), in the first sentence,
by striking 2011 and inserting 2016; and

(2)

in subsection (b), by striking
$25,000,000 for fiscal years 1997 through
2011 and inserting $3,000,000 for
each of fiscal years 2012 through 2016.

205.(a)

Permitted
uses

Section 2507(b) of the
Farm Security and Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107–171) is amended—

(1)

in the matter preceding paragraph (1), by
striking In any case in which there are willing sellers and
inserting For the benefit of at-risk natural desert terminal lakes and
associated riparian and watershed resources, in any case in which there are
willing sellers or willing participants;

(2)

in paragraph (2), by striking in the
Walker River and all that follows through 119 Stat.
2268); and

(3)

in paragraph (3), by striking in the
Walker River Basin.

(b)

Walker basin
restoration program

Section
208(b) of the Energy and Water Development and Related Agencies Appropriations
Act, 2010 (Public Law 111–85; 123 Stat. 2858) is amended—

(1)

in paragraph (1)(B)(iv), by striking
exercise water rights and inserting manage land, water
appurtenant to the land, and related interests; and

(2)

in paragraph (2)(A), by striking The
amount made available under subsection (a)(1) shall be provided to the National
Fish and Wildlife Foundation and inserting Any amount made
available to the National Fish and Wildlife Foundation under subsection (a)
shall be provided.

206.

The Federal policy for addressing
California’s water supply and environmental issues related to the Bay-Delta
shall be consistent with State law, including the co-equal goals of providing a
more reliable water supply for the State of California and protecting,
restoring, and enhancing the Delta ecosystem. The Secretary of the Interior,
the Secretary of Commerce, the Army Corps of Engineers and the Environmental
Protection Agency Administrator shall jointly coordinate the efforts of the
relevant agencies and work with the State of California and other stakeholders
to complete and issue the Bay Delta Conservation Plan Final Environmental
Impact Statement no later than February 15, 2013. Nothing herein modifies
existing requirements of Federal law.

207.

The Secretary of the Interior may
participate in non-Federal groundwater banking programs to increase the
operational flexibility, reliability, and efficient use of water in the State
of California, and this participation may include making payment for the
storage of Central Valley Project water supplies, the purchase of stored water,
the purchase of shares or an interest in ground banking facilities, or the use
of Central Valley Project water as a medium of payment for groundwater banking
services:
Provided, That the Secretary of
the Interior shall participate in groundwater banking programs only to the
extent allowed under State law and consistent with water rights applicable to
the Central Valley Project: Provided
further, That any water user to which banked water is
delivered shall pay for such water in the same manner provided by that water
user’s then-current Central Valley Project water service, repayment, or water
rights settlement contract at the rate provided by the then-current
Central-Valley Project Irrigation or Municipal and Industrial Rate Setting
Policies; and: Provided
further, That in implementing this section, the Secretary of
the Interior shall comply with applicable environmental laws, including the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) Nothing herein shall
alter or limit the Secretary’s existing authority to use groundwater banking to
meet existing fish and wildlife obligations.

208.(a)

Subject to compliance with all applicable
Federal and State laws, a transfer of irrigation water among Central Valley
Project contractors from the Friant, San Felipe, West San Joaquin, and Delta
divisions, and a transfer from a long-term Friant Division water service or
repayment contractor to a temporary or prior temporary service contractors
within the place of use in existence on the date of the transfer, as identified
in the Bureau of Reclamation water rights permits for the Friant Division,
shall be considered to meet the conditions described in subparagraphs (A) and
(I) of section 3405(a)(1) of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 4709).

(b)

The Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife Service and the
Commissioner of the Bureau of Reclamation shall initiate and complete, on the
most expedited basis practicable, programmatic environmental compliance so as
to facilitate voluntary water transfers within the Central Valley Project,
consistent with all applicable Federal and State law.

(c)

Not later than 180 days after the date of
enactment of this Act and each of the 4 years thereafter, the Commissioner of
the Bureau of Reclamation shall submit to the committee on Appropriations of
the House of Representatives and the Committee on Appropriations of the Senate
a report that describes the status of efforts to help facilitate and improve
the water transfers within the Central Valley Project and water transfers
between the Central Valley Project and other water projects in the State of
California; evaluates potential effects of this Act on Federal programs, Indian
tribes, Central Valley Project operations, the environment, groundwater
aquifers, refuges, and communities; and provides recommendations on ways to
facilitate and improve the process for these transfers.

209.

Section 10009(c)(2) of the San Joaquin
River Restoration Settlement Act (Public Law 111–11; 123 Stat. 1356) is amended
by striking October 1, 2019, all funds in the Fund shall be available
for expenditure without further appropriation. and inserting
October 1, 2014, all funds in the Fund shall be available for
expenditure on an annual basis in an amount not to exceed
$40,000,000 without further
appropriation. in lieu thereof.

III

Department of energy

Energy
programs

Energy efficiency and renewable
energy

For Department of
Energy expenses including the purchase, construction, and acquisition of plant
and capital equipment, and other expenses necessary for energy efficiency and
renewable energy activities in carrying out the purposes of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or facility
acquisition, construction, or expansion,
$1,795,641,000, to remain available until
expended:
Provided, That
$165,000,000 shall be available until September
30, 2013 for program direction: Provided
further, That of the amount appropriated, the Secretary may
use not more than $170,000,000 for activities of
the Department of Energy pursuant to the Defense Production Act of 1950 (50
U.S.C. App. 2061, et seq.): Provided
further, That within 12 months of the date of enactment, the
Secretary shall initiate separate rulemakings to establish efficiency standards
for televisions and set top television
boxes.

Electricity delivery and energy
reliability

For Department of
Energy expenses including the purchase, construction, and acquisition of plant
and capital equipment, and other expenses necessary for electricity delivery
and energy reliability activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion,
$141,010,000, to remain available until
expended:
Provided, That
$27,010,000 shall be available until September
30, 2013 for program direction.

Nuclear energy

For Department of Energy expenses including
the purchase, construction, and acquisition of plant and capital equipment, and
other expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion, and the
purchase of not more than 10 buses, all for replacement only,
$583,834,000, to remain available until
expended:
Provided, That
$86,279,000 shall be available until September
30, 2013 for program direction:
Provided further,
That, notwithstanding any other provision of law, the Department shall develop
a strategy within 3 months of the publication of the final report of the Blue
Ribbon Commission on America’s Nuclear Future to manage spent nuclear fuel and
other nuclear waste at consolidated storage facilities and permanent
repositories that can be implemented as expeditiously as
possible.

Fossil energy research and
development

(including rescission)

For necessary expenses in carrying out
fossil energy research and development activities, under the authority of the
Department of Energy Organization Act (Public Law 95–91), including the
acquisition of interest, including defeasible and equitable interests in any
real property or any facility or for plant or facility acquisition or
expansion, and for conducting inquiries, technological investigations and
research concerning the extraction, processing, use, and disposal of mineral
substances without objectionable social and environmental costs (30 U.S.C. 3,
1602, and 1603), $445,471,000, to remain
available until expended:
Provided, That
$151,729,000 shall be available until September
30, 2013 for program direction: Provided
further, That for all programs funded under Fossil Energy
appropriations in this Act or any other Act, the Secretary may vest fee title
or other property interests acquired under projects in any entity, including
the United States: Provided
further, That of prior-year balances,
$187,000,000 are hereby rescinded:
Provided further, That
no rescission made by the previous proviso shall apply to any amount previously
appropriated in Public Law 111–5 or designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.

Naval petroleum and oil shale
reserves

For expenses
necessary to carry out naval petroleum and oil shale reserve activities,
$14,909,000, to remain available until expended:
Provided, That, notwithstanding any
other provision of law, unobligated funds remaining from prior years shall be
available for all naval petroleum and oil shale reserve
activities.

Strategic petroleum
reserve

For necessary expenses for Strategic
Petroleum Reserve facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act of 1975, as
amended (42 U.S.C. 6201 et seq.), $192,704,000,
to remain available until expended.

SPR petroleum account

Notwithstanding sections 161 and 167 of the
Energy Policy and Conservation Act (42 U.S.C. 6241, 6247), the Secretary of
Energy shall sell $500,00,000 in petroleum
products from the Reserve not later than March 1, 2012, and shall deposit any
proceeds from such sales in the General Fund of the Treasury:
Provided, That paragraphs (a)(1)
and (2) of section 160 of the Energy Policy and Conservation Act of 1975 (42
U.S.C. 6240(a)(1) and (2)) are hereby repealed:
Provided further, That unobligated balances in this account
shall be available to cover the costs of any sale under this
Act.

Northeast home heating oil
reserve

(including rescission)

For necessary expenses for Northeast Home
Heating Oil Reserve storage, operation, and management activities pursuant to
the Energy Policy and Conservation Act,
$10,119,000, to remain available until expended:
Provided, That amounts net of the
purchase of 1 million barrels of petroleum distillates in fiscal year 2011;
costs related to transportation, delivery, and storage; and sales of petroleum
distillate from the Reserve under section 182 of the Energy Policy and
Conservation Act of 1975 (42 U.S.C. 6250a) are hereby
rescinded.

Energy information
administration

For necessary
expenses in carrying out the activities of the Energy Information
Administration, $105,000,000, to remain
available until expended.

Non-defense environmental
cleanup

For Department of
Energy expenses, including the purchase, construction, and acquisition of plant
and capital equipment and other expenses necessary for non-defense
environmental cleanup activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition
or condemnation of any real property or any facility or for plant or facility
acquisition, construction, or expansion,
$219,121,000, to remain available until
expended.

Uranium enrichment decontamination and
decommissioning fund

For
necessary expenses in carrying out uranium enrichment facility decontamination
and decommissioning, remedial actions, and other activities of title II of the
Atomic Energy Act of 1954, and title X, subtitle A, of the Energy Policy Act of
1992, $429,000,000, to be derived from the
Uranium Enrichment Decontamination and Decommissioning Fund, to remain
available until expended.

Science

For
Department of Energy expenses including the purchase, construction, and
acquisition of plant and capital equipment, and other expenses necessary for
science activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or facility or for plant or facility
acquisition, construction, or expansion, and purchase of not more than 49
passenger motor vehicles for replacement only, including one ambulance and one
bus, $4,842,665,000, to remain available until
expended:
Provided, That
$180,786,000 shall be available until September
30, 2013 for program direction.

Advanced Research Projects
Agency—Energy

For necessary
expenses in carrying out the activities authorized by section 5012 of the
America COMPETES Act (Public Law 110–69), as amended,
$250,000,000, to remain available until
expended.

Title 17 innovative technology loan
guarantee program

Subject to section 502 of the Congressional
Budget Act of 1974, for the cost of loan guarantees for renewable energy or
efficient end-use energy technologies under section 1703 of the Energy Policy
Act of 2005, $200,000,000 is appropriated to
remain available until expended:
Provided, That the amounts in this
section are in addition to those provided in any other Act: Provided further, That,
notwithstanding section 1703(a)(2) of the Energy Policy Act of 2005, funds
appropriated for the cost of loan guarantees are also available for projects
for which an application has been submitted to the Department of Energy prior
to February 24, 2011, in whole or in part, for a loan guarantee under 1705 of
the Energy Policy Act of 2005: Provided
further, That an additional amount for necessary
administrative expenses to carry out this Loan Guarantee program,
$38,000,000 is appropriated, to remain available
until expended: Provided
further, That $38,000,000 of
the fees collected pursuant to section 1702(h) of the Energy Policy Act of 2005
shall be credited as offsetting collections to this account to cover
administrative expenses and shall remain available until expended, so as to
result in a final fiscal year 2011 appropriations from the general fund
estimated at not more than $0: Provided further, That fees collected
under section 1702(h) in excess of the amount appropriated for administrative
expenses shall not be available until appropriated: Provided further, That for amounts
collected pursuant to section 1702(b)(2) of the Energy Policy Act of 2005, the
source of such payment received from borrowers is not a loan or other debt
obligation that is guaranteed by the Federal Government: Provided further, That pursuant to
section 1702(b)(2) of the Energy Policy Act of 2005, no appropriations are
available to pay the subsidy cost of such guarantees for nuclear power or
fossil energy facilities: Provided
further, That none of the loan guarantee authority made
available in this Act shall be available for commitments to guarantee loans for
any projects where funds, personnel, or property (tangible or intangible) of
any Federal agency, instrumentality, personnel or affiliated entity are
expected to be used (directly or indirectly) through acquisitions, contracts,
demonstrations, exchanges, grants, incentives, leases, procurements, sales,
other transaction authority, or other arrangements, to support the project or
to obtain goods or services from the project:
Provided further, That the previous provision shall not be
interpreted as precluding the use of the loan guarantee authority in this Act
for commitment to guarantee loans for projects as a result of such projects
benefiting from (a) otherwise allowable Federal income tax benefits; (b) being
located on Federal land pursuant to a lease or right-of-way agreement for which
all consideration for all uses is (i) paid exclusively in cash, (ii) deposited
in the Treasury as offsetting receipts, and (iii) equal to the fair market
value as determined by the head of the relevant Federal agency; (c) Federal
insurance programs, including Price-Anderson; or (d) for electric generation
projects, use of transmission facilities owned or operated by a Federal Power
Marketing Administration or the Tennessee Valley Authority that have been
authorized, approved, and financed independent of the project receiving the
guarantee: Provided further,
That none of the loan guarantee authority made available in this Act shall be
available for any project unless the Director of the Office of Management and
Budget has certified in advance in writing that the loan guarantee and the
project comply with the provisions under this
title.

Advanced technology vehicles
manufacturing loan program

For
administrative expenses in carrying out the Advanced Technology Vehicles
Manufacturing Loan Program, $6,000,000, to
remain available until expended.

Departmental
administration

For salaries
and expenses of the Department of Energy necessary for departmental
administration in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the hire of passenger
motor vehicles and official reception and representation expenses not to exceed
$30,000,
$237,623,000, to remain
available until expended, plus such additional amounts as necessary to cover
increases in the estimated amount of cost of work for others notwithstanding
the provisions of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.):
Provided, That such increases in
cost of work are offset by revenue increases of the same or greater amount, to
remain available until expended:
Provided further, That
moneys received by the Department for miscellaneous revenues estimated to total
$111,883,000 in fiscal year 2012 may be retained
and used for operating expenses within this account, and may remain available
until expended, as authorized by section 201 of Public Law 95–238,
notwithstanding the provisions of 31 U.S.C. 3302:
Provided further, That
the sum herein appropriated shall be reduced by the amount of miscellaneous
revenues received during 2012, and any related appropriated receipt account
balances remaining from prior years' miscellaneous revenues, so as to result in
a final fiscal year 2012 appropriation from the general fund estimated at not
more than
$125,740,000.

Office of the inspector
general

For necessary expenses
of the Office of the Inspector General in carrying out the provisions of the
Inspector General Act of 1978, as amended,
$41,774,000, to remain available until
expended.

Atomic energy defense
activities

National nuclear security
administration

Weapons activities

For Department of Energy expenses, including
the purchase, construction, and acquisition of plant and capital equipment and
other incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or facility
acquisition, construction, or expansion, the purchase of not to exceed one
ambulance and one aircraft; $7,190,000,000, to
remain available until expended.

Defense nuclear
nonproliferation

(including rescission)

For Department of Energy expenses, including
the purchase, construction, and acquisition of plant and capital equipment and
other incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or facility
acquisition, construction, or expansion, and the purchase of not to exceed one
passenger motor vehicle for replacement only,
$2,404,300,000, to remain available until
expended:
Provided, That of the unobligated
balances available under this heading,
$21,000,000 are hereby
rescinded.

Naval reactors

For Department of Energy expenses necessary
for naval reactors activities to carry out the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition (by
purchase, condemnation, construction, or otherwise) of real property, plant,
and capital equipment, facilities, and facility expansion,
$1,100,000,000, to remain available until
expended.

Office of the
administrator

For
necessary expenses of the Office of the Administrator in the National Nuclear
Security Administration, including official reception and representation
expenses not to exceed
$12,000,$404,000,000,
to remain available until September 30, 2013.

Environmental and other defense
activities

Defense environmental
cleanup

For Department of Energy expenses, including
the purchase, construction, and acquisition of plant and capital equipment and
other expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or facility
acquisition, construction, or expansion, and the purchase of not to exceed one
ambulances and one fire truck for replacement only,
$5,002,308,000, to remain available until
expended:
Provided, That
$321,628,000 shall be available until September
30, 2013 for program direction.

Other defense activities

For Department of Energy expenses, including
the purchase, construction, and acquisition of plant and capital equipment and
other expenses, necessary for atomic energy defense, other defense activities,
and classified activities, in carrying out the purposes of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or facility
acquisition, construction, or expansion, and the purchase of not to exceed 10
passenger motor vehicles for replacement only,
$819,000,000, to remain available until
expended.

Power marketing
administration

Bonneville power administration
fund

Expenditures from the
Bonneville Power Administration Fund, established pursuant to Public Law 93–454, are approved for the Kootenai River Native Fish Conservation
Aquaculture Program, Lolo Creek Permanent Weir Facility, and Improving
Anadromous Fish production on the Warm Springs Reservation, and, in addition,
for official reception and representation expenses in an amount not to exceed
$7,000. During fiscal year 2012, no new direct
loan obligations may be made.

Operation and maintenance, southeastern
power administration

For
necessary expenses of operation and maintenance of power transmission
facilities and of marketing electric power and energy, including transmission
wheeling and ancillary services pursuant to section 5 of the Flood Control Act
of 1944 (16 U.S.C. 825s), as applied to the southeastern power area,
$8,428,000, to remain available until expended:
Provided, That notwithstanding 31
U.S.C. 3302 and section 5 of the Flood Control Act of 1944, up to
$8,428,000 collected by the Southeastern Power
Administration from the sale of power and related services shall be credited to
this account as discretionary offsetting collections, to remain available until
expended for the sole purpose of funding the annual expenses of the
Southeastern Power Administration:
Provided further, That
the sum herein appropriated for annual expenses shall be reduced as collections
are received during the fiscal year so as to result in a final fiscal year 2012
appropriation estimated at not more than $0:
Provided further,
That, notwithstanding 31 U.S.C. 3302, up to
$100,162,000 collected by the Southeastern Power
Administration pursuant to the Flood Control Act of 1944 to recover purchase
power and wheeling expenses shall be credited to this account as offsetting
collections, to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures:
Provided further, That
for purposes of this appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).

Operation and maintenance, southwestern
power administration

For
necessary expenses of operation and maintenance of power transmission
facilities and of marketing electric power and energy, for construction and
acquisition of transmission lines, substations and appurtenant facilities, and
for administrative expenses, including official reception and representation
expenses in an amount not to exceed $1,500 in
carrying out section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as
applied to the Southwestern Power Administration,
$45,010,000, to remain available until expended:
Provided, That notwithstanding 31
U.S.C. 3302 and section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), up
to $33,118,000 collected by the Southwestern
Power Administration from the sale of power and related services shall be
credited to this account as discretionary offsetting collections, to remain
available until expended, for the sole purpose of funding the annual expenses
of the Southwestern Power Administration:
Provided further, That
the sum herein appropriated for annual expenses shall be reduced as collections
are received during the fiscal year so as to result in a final fiscal year 2012
appropriation estimated at not more than
$11,892,000:
Provided further,
That, notwithstanding 31 U.S.C. 3302, up to
$40,000,000 collected by the Southwestern Power
Administration pursuant to the Flood Control Act of 1944 to recover purchase
power and wheeling expenses shall be credited to this account as offsetting
collections, to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures:
Provided further, That
for purposes of this appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).

Construction, rehabilitation, operation
and maintenance, western area power administration

For
carrying out the functions authorized by title III, section 302(a)(1)(E) of the
Act of August 4, 1977 (42 U.S.C. 7152), and other related activities including
conservation and renewable resources programs as authorized, including official
reception and representation expenses in an amount not to exceed
$1,500;
$285,900,000, to remain available until
expended, of which $278,856,000 shall be derived
from the Department of the Interior Reclamation Fund:
Provided, That notwithstanding 31
U.S.C. 3302, section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), and
section 1 of the Interior Department Appropriation Act, 1939 (43 U.S.C. 392a),
up to $189,932,000 collected by the Western Area
Power Administration from the sale of power and related services shall be
credited to this account as discretionary offsetting collections, to remain
available until expended, for the sole purpose of funding the annual expenses
of the Western Area Power Administration:
Provided further, That
the sum herein appropriated for annual expenses shall be reduced as collections
are received during the fiscal year so as to result in a final fiscal year 2012
appropriation estimated at not more than
$95,968,000, of which
$88,924,000 is derived from the Reclamation
Fund:
Provided further, That
of the amount herein appropriated, not more than
$3,375,000 is for deposit into the Utah
Reclamation Mitigation and Conservation Account pursuant to title IV of the
Reclamation Projects Authorization and Adjustment Act of 1992:
Provided further, That
notwithstanding 31 U.S.C. 3302, up to
$306,541,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and the Reclamation
Project Act of 1939 to recover purchase power and wheeling expenses shall be
credited to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures:
Provided further, That
for purposes of this appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).

Falcon and amistad operating and
maintenance fund

For
operation, maintenance, and emergency costs for the hydroelectric facilities at
the Falcon and Amistad Dams, $4,169,000, to
remain available until expended, and to be derived from the Falcon and Amistad
Operating and Maintenance Fund of the Western Area Power Administration, as
provided in section 2 of the Act of June 18, 1954 (68 Stat. 255) as amended:
Provided, That notwithstanding the
provisions of that Act and of 31 U.S.C. 3302, up to
$3,949,000 collected by the Western Area Power
Administration from the sale of power and related services from the Falcon and
Amistad Dams shall be credited to this account as discretionary offsetting
collections, to remain available until expended for the sole purpose of funding
the annual expenses of the hydroelectric facilities of these Dams and
associated Western Area Power Administration activities:
Provided further, That
the sum herein appropriated for annual expenses shall be reduced as collections
are received during the fiscal year so as to result in a final fiscal year 2012
appropriation estimated at not more than
$220,000:
Provided further, That
for purposes of this appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are
incurred.

Federal energy regulatory
commission

Salaries and expenses

For necessary expenses of the Federal Energy
Regulatory Commission to carry out the provisions of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including services as authorized by
5 U.S.C. 3109, the hire of passenger motor vehicles, and official reception and
representation expenses not to exceed
$3,000,$304,600,000,
to remain available until expended:
Provided, That notwithstanding any
other provision of law, not to exceed
$304,600,000 of revenues from fees and annual
charges, and other services and collections in fiscal year 2012 shall be
retained and used for necessary expenses in this account, and shall remain
available until expended:
Provided further, That
the sum herein appropriated from the general fund shall be reduced as revenues
are received during fiscal year 2012 so as to result in a final fiscal year
2012 appropriation from the general fund estimated at not more than
$0: Provided
further, That not later than 180 days after the date of
enactment of this Act, the Commission shall issue such regulations as are
necessary to clarify that a State may establish rates for the wholesale sale of
electric energy in interstate commerce pursuant to the Public Utility
Regulatory Policies Act of 1978 such that those rates shall not unduly
discriminate against the qualifying cogeneration facility or qualifying small
power production facility selling the electric energy or exceed the costs to
produce and deliver the electric energy, as determined for the specific
technology at issue.

General provisions—department of
energy

301.

The unexpended balances of prior
appropriations provided for activities in this Act may be available to the same
appropriation accounts for such activities established pursuant to this title.
Available balances may be merged with funds in the applicable established
accounts and thereafter may be accounted for as one fund for the same time
period as originally enacted.

302.

When the Department of Energy makes a user
facility available to universities or other potential users, or seeks input
from universities or other potential users regarding significant
characteristics or equipment in a user facility or a proposed user facility,
the Department shall ensure broad public notice of such availability or such
need for input to universities and other potential users. When the Department
of Energy considers the participation of a university or other potential user
as a formal partner in the establishment or operation of a user facility, the
Department shall employ full and open competition in selecting such a partner.
For purposes of this section, the term user facility includes,
but is not limited to:

(1)

a user facility as described in section
2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2));

any other Departmental facility designated
by the Department as a user facility.

303.

Funds appropriated by this or any other
Act, or made available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 414)
during fiscal year 2012 until the enactment of the Intelligence Authorization
Act for fiscal year 2012.

304.(a)

Submission to
Congress

The Secretary of
Energy shall submit to Congress each year, at the time that the President’s
budget is submitted to Congress that year under section 1105(a) of title 31,
United States Code, a future-years energy program reflecting the estimated
expenditures and proposed appropriations included in that budget. Any such
future-years energy program shall cover the fiscal year with respect to which
the budget is submitted and at least the four succeeding fiscal years. A
future-years energy program shall be included in the fiscal year 2014 budget
submission to Congress and every fiscal year thereafter.

(b)

Elements

Each future-years energy program shall
contain the following:

(1)

The estimated expenditures and proposed
appropriations necessary to support programs, projects, and activities of the
Secretary of Energy during the 5-fiscal year period covered by the program,
expressed in a level of detail comparable to that contained in the budget
submitted by the President to Congress under section 1105 of title 31, United
States Code.

(2)

The estimated expenditures and proposed
appropriations shaped by high-level, prioritized program and budgetary guidance
that is consistent with the administration’s policies and out year budget
projections and reviewed by DOE’s senior leadership to ensure that the
future-years energy program is consistent and congruent with previously
established program and budgetary guidance.

(3)

A description of the anticipated workload
requirements for each DOE national laboratory during the 5-fiscal year
period.

(c)

Consistency in
budgeting

(1)

The Secretary of Energy shall ensure that
amounts described in subparagraph (A) of paragraph (2) for any fiscal year are
consistent with amounts described in subparagraph (B) of paragraph (2) for that
fiscal year.

(2)

Amounts referred to in paragraph (1) are
the following:

(A)

The amounts specified in program and budget
information submitted to Congress by the Secretary of Energy in support of
expenditure estimates and proposed appropriations in the budget submitted to
Congress by the President under section 1105(a) of title 31, United States
Code, for any fiscal year, as shown in the future-years energy program
submitted pursuant to subsection (a).

(B)

The total amounts of estimated expenditures
and proposed appropriations necessary to support the programs, projects, and
activities of the administration included pursuant to paragraph (5) of section
1105(a) of such title in the budget submitted to Congress under that section
for any fiscal year.

the Secretary has
received from the borrower a payment in full for the cost of the guarantee and
deposited the payment into the Treasury; or

(C)

a combination of one or
more appropriations under subparagraph (A) and one or more payments from the
borrower under subparagraph (B) has been made that is sufficient to cover the
cost of the
guarantee.

.

306.

Plant or construction
projects for which amounts are made available under this and subsequent
appropriation Acts with a current estimated cost of less than
$10,000,000 are considered for purposes of
section 4703 of Public Law 107–314 as a plant project for which the approved
total estimated cost does not exceed the minor construction threshold and for
purposes of section 4704 of Public Law 107–314 as a construction project with a
current estimated cost of less than a minor construction threshold.

307.

In section 839b(h)(10)(B) of title 16,
United States Code, strike
$1,000,000 and insert
$5,000,000.

(Rescission)

308.

None of the funds in this Act or any other
Act shall be used to deposit funds in excess of
$25,000,000 from any Federal royalties, rents,
and bonuses derived from Federal onshore and off-shore oil and gas leases
issued under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) and
the Mineral Leasing Act (30 U.S.C. 181 et seq.) into the Ultra-Deepwater and
Unconventional Natural Gas and Other Petroleum Research Fund.

(Rescission)

309.

Of the amounts appropriated in this title,
$73,700,000 are hereby rescinded, to reflect
savings from the contractor pay freeze instituted by the Department. The
Department shall allocate the rescission among the appropriations made in this
title.

310.

Recipients of grants awarded by the
Department in excess of $1,000,000 shall certify
that they will, by the end of the fiscal year, upgrade the efficiency of their
facilities by replacing any lighting that does not meet or exceed the energy
efficiency standard for incandescent light bulbs set forth in section 325 of
the Energy Policy and Conservation Act (42 U.S.C. 6295).

311.(a)

Any determination (including a
determination made prior to the date of enactment of this Act) by the Secretary
pursuant to section 3112(d)(2)(B) of the USEC Privatization Act (110 Stat.
1321–335), as amended, that the sale or transfer of uranium will not have an
adverse material impact on the domestic uranium mining, conversion, or
enrichment industry shall be valid for not more than 2 calendar years
subsequent to such determination.

(b)

Not less than 30 days prior to the
transfer, sale, barter, distribution, or other provision of uranium in any form
for the purpose of accelerating cleanup at a Federal site, the Secretary shall
notify the House and Senate Committees on Appropriations of the
following:

(1)

the amount of uranium to be transferred,
sold, bartered, distributed, or otherwise provided;

(2)

an estimate by the Secretary of the gross
market value of the uranium on the expected date of the transfer, sale, barter,
distribution, or other provision of the uranium;

(3)

the expected date of transfer, sale,
barter, distribution, or other provision of the uranium;

(4)

the recipient of the uranium; and

(5)

the value of the services the Secretary
expects to receive in exchange for the uranium, including any reductions to the
gross value of the uranium by the recipient.

(c)

Not later than June 30, 2012, the Secretary
shall submit to the House and Senate Committees on Appropriations a revised
excess uranium inventory management plan for fiscal years 2013 through
2018.

(d)

Not later than December 31, 2011 the
Secretary shall submit to the House and Senate Committees on Appropriations a
report evaluating the economic feasibility of re-enriching depleted uranium
located at Federal sites.

312.(a)

The Secretary of Energy may allow a third
party, on a fee-for-service basis, to operate and maintain a metering station
of the Strategic Petroleum Reserve that is underutilized (as defined in section
102–75.50 of title 41, Code of Federal Regulations (or successor regulations))
and related equipment.

(b)

Funds collected under subsection (a) shall
be deposited in the general fund of the Treasury.

IV

Independent agencies

Appalachian regional
commission

For expenses
necessary to carry out the programs authorized by the Appalachian Regional
Development Act of 1965, as amended, for necessary expenses for the Federal
Co-Chairman and the Alternate on the Appalachian Regional Commission, for
payment of the Federal share of the administrative expenses of the Commission,
including services as authorized by 5 U.S.C. 3109, and hire of passenger motor
vehicles, $58,024,000, to remain available until
expended.

Defense nuclear facilities safety
board

Salaries and expenses

For necessary expenses of the Defense
Nuclear Facilities Safety Board in carrying out activities authorized by the
Atomic Energy Act of 1954, as amended by Public Law 100–456, section 1441,
$29,130,000, to remain available until September
30, 2013:
Provided, That within 90 days of
enactment of this Act the Defense Nuclear Facilities Safety Board shall enter
into an agreement for fiscal year 2012 and hereafter with the Office of the
Inspector General of either the Nuclear Regulatory Commission or the Department
of Energy for inspector general services.

Delta regional
authority

Salaries and expenses

For necessary expenses of the Delta Regional
Authority and to carry out its activities, as authorized by the Delta Regional
Authority Act of 2000, as amended, notwithstanding sections 382C(b)(2),
382F(d), 382M, and 382N of said Act, $9,925,000,
to remain available until expended.

Denali commission

For expenses of the Denali Commission
including the purchase, construction, and acquisition of plant and capital
equipment as necessary and other expenses,
$9,077,000, to remain available until expended,
notwithstanding the limitations contained in section 306(g) of the Denali
Commission Act of 1998:
Provided, That funds shall be
available for construction projects in an amount not to exceed 80 percent of
total project cost for distressed communities, as defined by section 307 of the
Denali Commission Act of 1998 (division C, title III, Public Law 105–277), as
amended by section 701 of appendix D, title VII, Public Law 106–113 (113 Stat.
1501A–280), and an amount not to exceed 50 percent for non-distressed
communities.

Nuclear regulatory
commission

Salaries and expenses

For necessary expenses of the Commission in
carrying out the purposes of the Energy Reorganization Act of 1974, as amended,
and the Atomic Energy Act of 1954, as amended, including official
representation expenses (not to exceed $25,000),
$1,027,240,000, to remain available until
expended:
Provided, That revenues from
licensing fees, inspection services, and other services and collections
estimated at $899,726,000 in fiscal year 2012
shall be retained and used for necessary salaries and expenses in this account,
notwithstanding 31 U.S.C. 3302, and shall remain available until expended:
Provided further, That
the sum herein appropriated shall be reduced by the amount of revenues received
during fiscal year 2012 so as to result in a final fiscal year 2012
appropriation estimated at not more than
$127,514,000.

Office of inspector
general

For necessary expenses
of the Office of the Inspector General in carrying out the provisions of the
Inspector General Act of 1978, $10,860,000, to
remain available until expended: Provided, That revenues from licensing fees,
inspection services, and other services and collections estimated at
$9,774,000 in fiscal year 2012 shall be retained
and be available until expended, for necessary salaries and expenses in this
account, notwithstanding section 3302 of title 31, United States Code: Provided
further, That the sum herein appropriated shall be reduced by the amount of
revenues received during fiscal year 2012 so as to result in a final fiscal
year 2012 appropriation estimated at not more than
$1,086,000.

Nuclear waste technical review
board

Salaries and expenses

For necessary expenses of the Nuclear Waste
Technical Review Board, as authorized by Public Law 100–203, section 5051,
$3,400,000 to be derived from the Nuclear Waste
Fund, and to remain available until expended.

For necessary expenses for the Office of the
Federal Coordinator for Alaska Natural Gas Transportation Projects pursuant to
the Alaska Natural Gas Pipeline Act of 2004,
$1,000,000.

Northern border regional
commission

For necessary
expenses of the Northern Border Regional Commission in carrying out activities
authorized by subtitle V of title 40, United States Code,
$1,275,000, to remain available until expended:
Provided, That such amounts shall
be available for administrative expenses, notwithstanding section 15751(b) of
title 40, United States Code.

Southeast crescent regional
commission

For necessary
expenses of the Southeast Crescent Regional Commission in carrying out
activities authorized by subtitle V of title 40, United States Code,
$213,000, to remain available until
expended.

General
Provisions

401.(a)

Definitions

In
this section:

(1)

Chairperson

The term Chairperson means
the Chairperson of the Commission.

(2)

Commission

The term Commission means
the Nuclear Regulatory Commission.

(3)

Spent Fuel
Pool

The term spent
fuel pool means an underwater storage and cooling facility for spent
(or depleted) fuel assemblies that have been removed from a reactor.

(b)

As soon as practicable after the date of
enactment of this Act, the Chairperson shall order licencees to, in accordance
with the recommendations of the 90-day task force of the Commission, enhance
spent fuel pools by:

(1)

providing sufficient safety-related
instrumentation that is able to withstand design-basis natural phenomena to
monitor key spent fuel pool parameters (such as water level, temperature, and
area radiation levels) from a control room;

providing onsite emergency electrical power
for spent fuel pools and instrumentation for cases in which there exists
irradiated fuel in a spent fuel pool, regardless of the operational mode of the
relevant reactor; and

(4)

installing a seismically qualified means to
spray water into spent fuel pools, including an easily accessible connection to
supply the water (such as using a portable pump or pumper truck) at grade
outside a relevant structure.

402.

Consistent with the findings of its 90 Day
Task Force, the Nuclear Regulatory Commission shall order licensees to
reevaluate the seismic, tsunami, flooding and other hazards at their sites as
expeditiously as possible, and thereafter, at least once every 10 years, and
the Commission shall require licensees to demonstrate to the Commission that
the design basis of structures, systems, and components for each operating
reactor meet current NRC requirements and guidance with regard to these
threats. The Commission shall require licensees to update the design basis of
structures, systems, and components for each operating reactor, if
necessary.

V

General provisions

501.

None of the funds appropriated by this Act
may be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before Congress,
other than to communicate to Members of Congress as described in 18 U.S.C.
1913.

502.

None of the funds made available in this
Act may be transferred to any department, agency, or instrumentality of the
United States Government, except pursuant to a transfer made by, or transfer
authority provided in this Act or any other appropriation Act.

VI

ADDITIONAL FUNDING FOR DISASTER
RELIEF

DEPARTMENT OF
DEFENSE—CIVIL

DEPARTMENT OF THE
ARMY

Corps of
Engineers—Civil

Mississippi River and
Tributaries

For an additional
amount for Mississippi River and Tributaries for expenses
resulting from a major disaster designation pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)),
$890,177,300, to remain available until expended
for repair of damages to Federal projects:
Provided, That the Assistant
Secretary of the Army for Civil Works shall provide a monthly report to the
Committees on Appropriations of the House of Representatives and the Senate
detailing the allocation and obligation of these funds, beginning not later
than 60 days after enactment of this Act:
Provided further, That the amount in this paragraph is
designated by Congress as being for disaster relief pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985
(Public Law 99–177), as amended.

OPERATION AND MAINTENANCE

For an additional amount for
Operation and Maintenance for expenses resulting from a major
disaster designation pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122(2)) to dredge navigation channels and
repair damage to Corps projects nationwide,
$88,003,700, to remain available until expended:
Provided, That the Assistant
Secretary of the Army for Civil Works shall provide a monthly report to the
Committees on Appropriations of the House of Representatives and the Senate
detailing the allocation and obligation of these funds, beginning not later
than 60 days after enactment of this Act:
Provided further, That the amount in this paragraph is
designated by Congress as being for disaster relief pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985
(Public Law 99–177), as amended.

FLOOD CONTROL AND COASTAL
EMERGENCIES

For an additional
amount for Flood Control and Coastal Emergencies, for expenses
resulting from a major disaster designation pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)) as authorized
by section 5 of the Act of August 18, 1941 (33 U.S.C. 701n), for necessary
expenses to prepare for flood, hurricane and other natural disasters and
support emergency operations, repair and other activities in response to recent
natural disasters as authorized by law,
$66,387,000, to remain available until expended:
Provided, That the Assistant
Secretary of the Army for Civil Works shall provide a monthly report to the
Committees on Appropriations of the House of Representatives and the Senate
detailing the allocation and obligation of these funds, beginning not later
than 60 days after enactment of this Act:
Provided further, That the amount in this paragraph is
designated by Congress as being for disaster relief pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985
(Public Law 99–177), as amended.

This Act may be cited as the
Energy and Water Development and
Related Agencies Appropriations Act,
2012.